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JAMES REDDY CLENDON'S OFFICIAL DESPATCHES TO THE UNITED STATES...20TH FEB & APRIL 5TH 1840.

James. R. Clendon was a British citizen and businessman in New Zealand who had accepted the official position of Consul of the United States. He reported, to Washington D.C., any significant political developments related to New Zealand. According to Ian Wards, N.Z. Government Historian (1946-1968) and Chief Historian (1968-1983), a number of individuals were instrumental in creating the final English draft wording of The Treaty of Waitangi on the 3rd-4th of February 1840. Their combined efforts resulted in the final English draft document, which was handed to Rev. Henry Williams at 4pm on the 4th of February, for translation into the Maori language. The "Treaty" writing/ advising participants were, including those named by Wards: William Hobson (Lieutenant Governor), James Busby (British Resident), J.S. Freeman (Hobson's personal secretary), J.R. Clendon (US Consul), H. Williams, (Head missionary) and A. Brown (missionary).

One should add other advisors who met with Hobson, formally or in transit, on the 3rd & 4th of February 1840. Various diary entries or historical commentary would include the following in the advisory group - Henry Williams, Charles Baker, George Clarke, William Colenso and Richard Taylor, all of the Church Missionary Society and James Buller from the Wesleyan Mission Society.

Ian Wards, who virtually lived and researched at the National Archives from 1948 until after retirement, well into the 1990's, states in his 1968 book:

'A Treaty, soon to be known as the Treaty of Waitangi, was prepared with the co-operation of Busby, JR. Clendon and two missionaries, H. Williams and A. Brown' (see Shadow of the Land, by Ian Wards, Wellington, 1968, pg. 42). Government Historian, Ian Wards lists one of his sources as, James. Rutherford, The Treaty of Waitangi.

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In the top right-hand corner of this picture, James R Clendon's signature appears on the Treaty of Waitangi.

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Clendon's signature appears on the 1835 Declaration of Independence for the Confederation of United Chiefs. One could say that British Resident Busby, Head CMS Missionary Williams and U.S. Consul Clendon formed a confederation of their own and supported each other during the drafting and implementation of two major New Zealand founding documents in 1835 and 1840.

A very strong clue placing Clendon at the scene when the final English draft of the Treaty of Waitangi was written by James Busby on the 4th of February 1840 is provided by the watermark found upon the draft sheet of paper used. That watermark is a W. Tucker 1833.

On the 12th of October 1992, Head Archivist Kathryn Patterson wrote the following to John Littlewood:

''At National Archives there has been an item-by-item search through all surviving letters received and filed in 1840 and 1841 sequences for the watermark on the Littlewood document. No exact match has been found. Three items only paper watermarked "W Tucker" - one with the date 1836 and two with the date 1837 - and these provide no obvious handwriting similarity to the Littlewood document. An inspection of the Old Land Claim files relating to Clendon has not produced any relevant evidence'.

As it turns out, many of the non-ledger writing paper sheets that U.S. Consul, James Reddy Clendon despatched to the U.S. Secretary of State, John Forsyth, from January 1840 until January 1841 were written on W. Tucker 1833 paper. Although quite faint on microfilm, some of the watermarks are still readily discernible These W. Tucker 1833 watermarked letters, amongst Clendon's despatches, include:

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Even on microfilm, the W. Tucker 1833 watermark is readily discernible throughout James Reddy Clendon's despatches to the the United States, both before and well after the drafting of the Treaty of Waitangi in English. If a researcher were to view the original documents housed in the Congressional Library in Washington D.C., several more of Clendon's despatch documents could, undoubtedly, be identified as bearing this watermark. All available evidence points to Busby's final draft of the Treaty in English being written on Clendon's "contemporary use" stock of paper. No-one else in the district or throughout New Zealand seems to have owned W. Tucker 1833 paper or used it in their official correspondence between 1839 to 1841.

Clendon had visited New Zealand in 1830 and bought 220 acres of land at Okiato, about 4-miles upstream from the developing settlement of Kororareka (Russell, Bay of Islands). This acquisition was greatly added to in a latter purchase of coastal property where the present town of Russell now stands. Clendon moved permanently to New Zealand on the 31st of August 1832 and set up a trading station to supply the needs of the growing whaling industry. He was a close personal friend of James Busby, British Resident, and an ardent supporter of Busby's political incentives. According to land deed descriptions amidst the Clendon House papers, Busby was a neighbour of James Reddy Clendon, whose boundary ran past Busby's house.

Clendon was appointed to be U.S. Consul on the 12th of October 1838 and between 1839 and 1841 recorded the arrivals of 151 American vessels. Running a very profitable business dealing with shipping in and out of the port, he had mercantile facilities at Kororareka. Clendon was somehow involved in the 4th of February drafting process, as he provided the paper for the final English draft of the Treaty from his company stocks.

HISTORICAL EVIDENCE THAT HOBSON MET WITH CLENDON JUST PRIOR TO THE TREATY MEETING OF 5/2/1840.

'Early in 1837 the British Resident in New Zealand, James Busby, sent word that tribal war was endangering British subjects. Hobson left in the Rattlesnake, arriving at the Bay of Islands on 26 May. He met Busby, spoke with missionaries, prominent settlers and Maori leaders. With Samuel Marsden and Busby he interviewed the warring chiefs, Pomare II and Titore, attempting to reconcile them, and warned against violence to British subjects. He visited other parts of the North Island, returning to the Bay of Islands on 30 June' (see Dictionary of New Zealand Biography).

The Pa of Pomare II was situated very near to the Okiato residence of James Reddy Clendon and Clendon had purchased the land from Chief Pomare II in 1830. Again, in 1837, Clendon purchased an additional 80 adjoining acres from the Chief. It seems obligatory that Hobson's 1837 negotiations with Chief Pomare II would have included the participation of British Resident James Busby, missionary Samuel Marsden and prominent local merchant, James Reddy Clendon as well. On the Treaty of Waitangi, James R. Clendon signed on behalf of Chief Pomaré, then signed his own name beside that of the chief, the text stating; Witness Pomaré signature James R Clendon.

Captain William Hobson arrived in New Zealand the second time on the 29th of January 1840 with a commission from Queen Victoria and, in the days preceding the treaty assembly, conducted himself in a way best calculated to add austerity to the occasion of his arrival. Hobson intimated that he could not "with propriety" leave the H.M.S. Herald until he made his "official landing". His desire was to create a strong impression and expectation amongst the Maori population and settlers alike that an event of manifold importance was about to unveil itself in New Zealand.

H.M.S. Herald, upon arrival, had anchored in Kororareka Bay in close proximity to the European settlement. By consequence, Paihia/ Waitangi, where the Treaty assemblies would take place on the 5th & 6th of February 1840, was across the bay, some rowing distance from the European settlement. On the 30th of January Hobson came ashore at Kororareka township in full dress uniform to formally announce the reason for his presence in the country and to read two Proclamations to the settlers assembled at the Kororareka Church. Clendon, who was one of Kororareka's foremost dignitaries, U.S. Consul and a wealthy merchant, undoubtedly, met or renewed acquaintances with Hobson on that day. They were both, officially, "Consuls" and Clendon had written to the U.S. Secretary of State about Hobson's expected arrival in New Zealand in a letter of late 1839. Clendon was most certainly in attendance on the day and later signed a testimonial document, attesting to the historic events of the 30th of January 1840. His name appears 3rd, after James Busby and John Mason, clerk, on a list of 41 prominent men of Kororareka who witnessed the auspicious proceedings (see Microfilm no.1805, New Zealand despatches, 1830 - 1846, University of Auckland Library).

During ensuing days Hobson remained somewhat remote and received visitors aboard H.M.S. Herald, anchored just offshore in the Kororareka Bay. His preoccupation during this period was to write the English draft for the Treaty of Waitangi. Author, T.L. Buick states:

'To add to their difficulties, Captain Hobson began now to experience the symptoms of that illness which in less than three years proved fatal to him. He became indisposed and was unable to leave the Herald. In the seclusion of his cabin, however, he devoted himself to an effort to reduce to concrete terms the obligations in which the Crown was prepared to involve itself, and the reciprocating advantages it would require from the natives. In this he achieved but meagre success, and conscious of failure he despatched the principal member of his staff, Mr. George Cooper, to Mr. Busby, giving him his rough notes together with a request that the erstwhile Resident might favour him with his opinion as to their suitability as the basis of a treaty' (see The Treaty of Waitangi, by T.L. Buick, pp 109-110).

It is critical to establish where Hobson was on the 3rd and 4th of February especially and whose company he was in. What is the evidence that puts Hobson in the near vicinity of James Reddy Clendon and, thus, lends credence to the Littlewood Treaty being, positively, the final English draft of the Treaty of Waitangi? Who did Hobson meet with in the Paihia-Kororareka district on the 3rd and 4th of February 1840 to discuss and finalise the English draft wording for the treaty? There was a final meeting of sorts, but how formal, how large or which transient attendees and advisors met with Hobson over these two days?

Felton Mathew's account.

The entries within Felton Mathew's letters to his wife Sarah provide us with a chronology of events that cover the period when the final draft of the treaty was completed. Due to having left the ship very early on Sunday and, also, having suffered illness on the Saturday, for which he'd taken calomil* medication, Felton Mathew made no entries concerning Sunday until Monday the 3rd of February. From what can be deduced from his letter entry to Sarah, on the 2nd of February he went ashore to Paihia with other members of Hobson's staff to attend church. Hobson did not accompany them, as he was too ill. On this day they listened to a sermon by Reverend Henry Williams and met Busby there, which resulted in being formally introduced to Busby's wife for the first time. This was, without doubt, the occasion when George Cooper handed Busby the rough notes of a "treaty draft" that had been prepared by Hobson and Freeman in days previous.

Busby was to state in later years that on the occasion when Cooper brought the rough notes to him that 'Hobson was so unwell as to be unable to leave the ship'.

Certainly, from diary entries, we can glean that Hobson was feeling much better on Monday the 3rd of February and spent the day in the company of missionaries Henry Williams, Richard Taylor and George Clarke, amongst others. Taylor and Clarke had rowed out to H.M.S Herald and found Hobson having a tête à tête with Reverend Henry Williams. They then "stayed tea" aboard, which would infer afternoon tea. On Monday the 3rd of February Felton Mathew had left the ship early to 'explore some of the bays and look for a site for a settlement'. He had been assessing many sites around the bay in search of a good location for a town. Busby, who Felton Mathew and, we suppose, George Cooper had met with at Paihia church the day before, was entertaining a scheme of establishing a township, which he proposed calling "Victoria" on land he owned adjacent to his Waitangi house. Felton Mathew found the site unsuitable for a settlement and later commented:

'The spot which next demanded my attention was that portion of the land claimed by Mr. Busby, on which his present residence stands; bounded on one side by the Bay, and on another by the Waitangi River, and which it appears that gentleman has laid out for a town, under the name of Victoria, several allotments having been already sold.
The land itself is far more level and suitable for building than any other spot in the Bay of Islands, but is fully exposed to almost every wind that blows; it is open to the full set of the sea, and its shore is surrounded by a most dangerous shoal, extending many hundred yards from the land, which renders it perfectly inaccessible to ships and nearly so to boats, unless the weather be perfectly fair and calm. The river itself is very shoal, and the only practicable channel very narrow and precarious; this spot does not present one solitary advantage as a site of settlement (see Enclosure 1, in No. 41, B of Islands, N Zealand, 23 Mar. 1840).

When Busby wrote his first treaty draft on the 3rd of February 1840 he saw no harm in adding a reference to "Victoria" township as the place where the treaty assembly would convene. This addition was, conceivably to give his "Victoria township" business venture a prestigious helping hand and legitimise the existence of such a location, borne out of his own imagination. Hobson and the other advisors, however, took a rather different view and did not allow the "assembled in congress at Victoria in Waitangi" text to be included in the final English draft of the 4th of February 1840. Consequently, Reverend Henry Williams made no mention of Busby's "Wikitoria" subdivision in the Maori version.

Felton wrote in a letter to his wife:

Monday 3rd Feby. ½ pst 6 A.M. I was prevented from writing to you at all yesterday mine own, by a variety of circumstances - and I am now doing so before breakfast, as I am going from the ship for the whole day to explore some of the Bays and look for a site for a settlement - First and foremost therefore, I am happy to say that our disturbances are all amicably arranged - Captain Nias is more accommodating than ever and we are all good friends again....' [there had been a major row between Hobson & Nias on Saturday evening, which seems to have led to Hobson's stress-related sickness on Sunday].

And now for our proceedings of yesterday [Sunday 2nd]. I was very unwell indeed on Saturday & compelled to take Calomil. O' I should have used [it] early yesterday morning to write to you dearest. Immediately after breakfast we started for Paihia to Church & arrived there in very good time - The station is very prettily situated and in a firm sandy Bay, backed in by an amphitheatre of lofty hills - and the houses are very good and neatly finished - The gardens redolent by the perfumes of sweet briar and clover, evinces also English feelings - The service was very creditably performed by Mr. Williams & with very little variation from the usual church service, except the long hymns and the omission of the litany - The sacrament was administered, of which we all partook - and great indeed was the satisfaction I experienced in doing so; although I could have wished that you mine own, had been with me to participate in the rite - but separated as we now are, I felt the greatest satisfaction in such an opportunity of commending you specially to the protection of the Almighty - and praying for a blessing of our enterprise - They have a very pretty little organ in the chapel and the whole service was conducted in a very creditable manner - Busby and his wife were there and I was formally introduced to the latter - She is a very gentile person, both in appearance and manner; which you will wonder at when I tell you that is very like Mrs. Roger Therry! and like her has a very loud voice. -

We rowed some distance up a creek near Busby's house. I then returned on board to Governor - In the afternoon we all landed for the purpose of accompanying the Governor to look at a cottage which is to let at Kororarika - and I believe he has made his mind to take it and write by the Samuel Winter for Mrs. Hobson to come immediately. - Indeed by the store ship, if she can possibly get ready. We have all persuaded him to do so, fully convinced that it will be much pleasanter for all parties. I dare say they will not mind detaining the ship a few days for Mrs. Hobson (see Letter from Felton Mathew to Sarah Mathew, pg. 19, Special Collections, Auckland Public Library).

Felton Mathews displays considerable piety in what he wrote about religious sentiments for Sunday and it would seem he was cognisant of the obligation to "Remember the Sabbath day to keep it Holy". Being in the presence of the missionaries, whose cooperation Hobson was anxious to cultivate, would seem to intimate that Felton's Sunday row up a creek near Busby's house constituted more of a relaxing Sunday outing than any actual "work".

It will be remembered that Hobson had a terrible argument with Captain Nias on the Saturday night, the resultant stress from which rendered Hobson ill on Sunday. It would appear that he was determined to seek a composed, on-shore location where he could escape Captain Nias and complete the treaty draft. It's very probable that Felton Mathew made an account, to Busby, concerning Hobson's difficulties with Nias, resulting in stress related illness. During Sunday, Busby had been handed the rough draft notes of the treaty by Cooper and had volunteered to advance the work, as Hobson was too ill to carry on. Busby, in assessing the causes and effects of Hobson's shipboard situation, seems to have proffered the suggestion that Hobson occupy his two-room cottage at Kororareka. Needless to say, Felton Mathew and others took the otherwise ill Hobson to Busby's cottage on Sunday afternoon and Hobson was sufficiently impressed by what he saw to begin thinking of sending for his family. On this occasion, it would seem that Busby did not accompany them. He remained at his Waitangi home hard at work in trying to organise the very rough treaty notes he'd been given by Cooper and to flesh them out into a more coherent text.

Felton Mathew makes the following entry for Tuesday:

Tuesday 4th Feby-1840 - Yesterday after breakfast dearest Sarah, I started away from the ship for the purpose of exploring one of the inlets of the Bay - calling expectantly at the Post Office, where during the night, the Diana had arrived from Sydney - I was much disappointed at not finding a letter; altho' as she sailed on the Tuesday after as, perhaps I could not expect it, as you probably did not hear of her - I am looking most anxiously for the Victoria, when I trust to feast my eyes and delight my heart with a letter from my precious wife...

I discovered nothing yesterday, except there is nothing to discover - The country is so very much broken and rugged as to be really almost impractible...'

On the Monday morning, knowing that the passenger ship Diana had arrived in the night, Felton Mathew went to the Kororareka Post Office to see if a letter had arrived from Sarah. He was doing his exploration work on the Northern side of the Bay on Monday the 3rd and Tuesday the 4th of February and the focus of his attention seems to have been Hutia Creek, which is a large area inlet, bordered by mangroves in the shallows and extensive low-lying, damp marshy ground on the land-proper. Felton Mathew found little solid, even terrain that was suitable for building sites in that area, let alone a complete township. He resumed his explorations on the Northern side of the harbour on Tuesday the 4th of February 1840 with Willoughby Shortland.

Wednesday 5th Feby 1840.
'... - After breakfast yesterday, Shortland and I started away in our whaleboat to explore some of the bay and inlets on the Northern side of the harbour - We found the face of the country just the same as the other parts - so broken and rugged that you cannot find an acre of level ground anywhere - There is a magnificent harbour with space and depth sufficient for all the ships in the world; but on shore there is nowhere room even for a fishing village...'

Whereas Felton Mathew and Willoughby Shortland were engaged in exploration work on the Monday and Tuesday, William Hobson and James Freeman were aboard H.M.S. Herald through much of the day on Monday the 3rd but, later, stayed overnight ashore at Kororareka. We know from a diary account written by Taylor and by the location named in a despatch title written by Freeman, that Hobson was on the ship until Monday afternoon. However, Freeman's late afternoon despatch was written ashore at Kororareka.

In returning to the ship on the night of Tuesday the 4th, Felton Mathew found Hobson had returned also. Hobson had spent Monday night and much of Tuesday the 4th ashore on the Kororareka side of the bay. Of this Felton Mathew writes concerning events of the 4th of February 1840:

'... - We reached the ship just at dark, after a very pleasant day - Captain Hobson agreed yesterday [the 4th of February] to take Busby's house [two room cottage at Kororareka] for his family, for a year at a rent of £200 - It contains two rooms! He intends to send for her by the "Samuel Winter" (see Felton Mathew's letter to Sarah Mathew, pg. 22 Special Collections, Auckland Public Library).

*Footnote: Soda went on insect stings and bites, fat meat poultice on boils and calomil and salts inside for whatever ailed you (see Stories of Hub & Anne Moore).

We know from the testimony of Busby that he went to Hobson on the afternoon of the 3rd of February and "submitted" an English draft of the Treaty of Waitangi for consideration. It seems obligatory that Busby accompanied Felton Mathew when the Surveyor General returned to H.M.S. Herald in the afternoon of the 3rd. Busby most certainly went to Hobson that late afternoon or evening and the venue was certainly ashore, as Freeman wrote his afternoon despatch letter from Kororareka and not from H.M.S. Herald. It would appear that Hobson was going to try out Busby's cottage and spend the night there, as well as assess and discuss Busby's treaty draft. It's also highly likely that Hobson, Busby and Freeman spent the night at the spacious new home of Busby's close friend and confederate, James Reddy Clendon.

Hobson most definitely stayed ashore on Monday night, as despatches prepared that evening for Governor Sir George Gipps gave the location as Kororarika, Bay of Islands rather than the usual, H.M.S Herald, Bay of Islands.

From the historical record it would be easy to deduce that some semblance of a group, composed of William Hobson, James Busby and James Freeman in company with, possibly, Reverend's Henry Williams, Richard Taylor and George Clarke, went ashore to Kororareka to Busby's two-room cottage. The 3 missionaries, who'd spent the afternoon with Hobson on Monday the 3rd of February, also needed to go ashore, although Williams possibly went directly to Paihia on the opposite side of the bay. As for Reverend's Richard Taylor and George Clarke, they remained at Kororareka that night, it would seem, as they were still visiting people on that side of the bay the next day.

By Tuesday the 4th of February, Hobson agreed to pay Busby £200 per annum for rental of the premises, which would infer that Hobson and Busby were still together on Tuesday. This is further corroborated by the fact that the final English draft of the Treaty of Waitangi, written in Busby's hand and dated the 4th of February, was handed, by Hobson, to Reverend Henry Williams at 4 p.m. on the 4th of February 1840.

Felton Mathew wrote in his letter entry for the 5th of February:

Captain Hobson agreed yesterday [the 4th of February] to take Busby's house [two room cottage at Kororareka] for his family, for a year at a rent of £200.

So, what do we know?

James Reddy Clendon hand-drew this map in the 1830's from an admiralty map of the Bay of Islands. It shows all of the channel depths and safe passage routes for ships. Clendon has added a,b,c,d,e,f,g as well as a + & 0 sign to show where various important places around the bay were found. The "0" shows where his Okiato land and house of the time were located. The "+" shows where the new, substantial home was being built. The "a" seems to indicate where his 1836 ten acre block was located, although his notes describe the location as 'Captain Wright's and the missionary schooner - his wife and family reside there'. The "e" shows where the Paihia missionary settlement was situated [present day Te Haumi]. The "b" shows where Pomaré II's Pa was located. The designations, "c, f, g" show where other missionary stations were located. The "d" shows the home of a settler family.

We know that Busby's cottage was later used as the temporary-come-permanent office and domicile of the Colonial Secretary, Willoughby Shortland, when Hobson and other members of his staff sailed to Thames on the 21st of February 1840.

Prior to Hobson going ashore on the afternoon of the 3rd of February he was presented with a letter of welcome from 45 of Kororareka's leading men. The purpose of the letter was to state their grateful acceptance of a British "colony in progress" in New Zealand and to sustain the British incentive. It acknowledged the momentous event of January 30th, related to Hobson's "official" landing, in full dress uniform, to read his commission from Queen Victoria at Kororareka Church. The welcome letter was accompanied by a second, memorial letter, signed by 41 witnesses to the proceedings of the 30th of January. This was to record the auspicious occasion as a historical, founding event, such that it would always be remembered by posterity. Listed within the first 3 names of the witnesses were James Busby and James Reddy Clendon.

We know that Hobson had several visitors aboard H.M.S. Herald through the morning and afternoon of the 3rd of February, including Reverend's Henry Williams, Richard Taylor and George Clarke, any of whom could have brought him the letter from the men folk of Kororareka. It's highly likely that Surveyor General Felton Mathew, who had gone ashore to the Post Office to see if the ship "Diana" had brought him a letter from his wife, had brought it to Hobson in the morning. Felton seems to have been concentrating his exploration work on the Waitangi and northern side of the bay. This being the case, he would have returned to the ship that morning, before heading across the bay to commence work.

Upon receipt of the letter on the 3rd of February James Stuart Freeman immediately set about writing a despatch to Governor Sir George Gipps to inform him of this "welcome" from the townsfolk. Because Freeman wrote to Gipps in the morning or early afternoon while still aboard H.M.S. Herald, he gave the location and date of writing as: H.M.S. Herald, Bay of Islands, 3 Feb. 1840.

Later in the day, Hobson and his party were ashore at Kororareka and, both, etiquette or good manners demanded that Hobson give a dignified response to the citizenry's formal pledge of support. During the evening James Stuart Freeman wrote the "reply thereto" and because he was ashore at the time, gave the location as: Kororarika, Bay of Islands, 3 February 1840.

The next morning, Freeman continued working on the Gipps despatch and wrote out a full copy of the memorial letter, signed by 41 witnesses to the auspicious, 30th of January 1840 proclamation and commission reading occasion. On this morning Freeman wrote the date and location for his letter-writing task as: Bay of Islands, 4 February 1840.

By the evening of the 4th of February Hobson and Freeman were aboard the ship once again. Freeman added yet more to the despatch he'd been preparing, over several days, for Governor Sir George Gipps. Hobson's secretary, on this occasion, reverted to his normal way of writing the location as: H.M.S. Herald, Bay of Islands 4 February 1840.

Again, the next day, another newly written document said: H.M.S Herald, Bay of Islands, 5th Feb. 1840.

The following is a page from the British Parliamentary Papers, showing (a) Hobson's response to the townsfolk, (b) Hobson's account of the assembly at Kororareka Church on the 30th of January where the proclamations were read and (c) the memorial letter for posterity, related to the events of the 30th of January 1840 and witnessed by some of those in attendance, including James Busby and James Reddy Clendon. The original documents or handwritten transcriptions of the same can be viewed on microfilm (see Microfilm no.1805, New Zealand despatches, 1830 - 1846, University of Auckland Library).

This page from the British Parliamentary Papers begins by giving Hobson's response letter to the one received from and signed by 45 leading men of Kororareka (written as Kororarika). Hobson's despatch letter to his superiors, sent onward to Britain via Governor Sir George Gipps in Australia, shows that it was dictated ashore at Kororareka.

The use of "Most Gracious" or the repeated use of "most", seems to indicate Freeman as both the author and scribe of this response. Only a few days prior to this, Freeman wrote his own "Most Gracious" Majesty Preamble in a rough English draft of the treaty. By about July 1840 he would manufacture at least 3 composite versions of the treaty in English, incorporating his own, "Most Gracious Majesty" Preamble, one copy of which was despatched to the United States.

Historian Dr. Claudia Orange writes:

'Hobson, therefore expected missionary cooperation and received it in full. By the evening of 3 February, when he held several sets of notes from which the final treaty draft had to be selected, he had been visited by a number of missionaries - Henry Williams, Charles Baker, George Clarke, William Colenso and Richard Taylor of the CMS, and the Wesleyan James Buller who was passing through. Any or all of these men may have influenced the treaty's wording. But it was William's presence on the Herald that Hobson had first requested, and had he sought advice on the final treaty wording, it was to Williams, head of the CMS mission, that he was most likely to refer.
The role that Williams played in final decisions of the English draft will probably never be known precisely. Nor can any trace be found of the final English draft put together on the Herald' (see: The Treaty of Waitangi, by Claudia Orange, pg. 39).

The historical record does not support the assumptions of Dr. Claudia Orange or other leading treaty historians that the drafting of the finalised English treaty text took place aboard H.M.S. Herald. To the contrary, Hobson was not aboard during the night of the 3rd when much of the final treaty discussion took place. Nor was he on H.M.S Herald throughout most of the following day, when the final draft was fully completed, in Busby's handwriting, and handed to Reverend Williams for translation into the Maori language. If any kind of formal gathering aboard ship had been anticipated and organised, then it's probable there would have been, at least, some scant mention of it in the H.M.S Herald log. There is no such entry concerning a shipboard conference and the log only mentions the passenger ship Diana arriving from Sydney, rigging the large tent ashore for the treaty assembly on the 5th, crew employed making paint, activities of the carpenter, ropemaker and sailmaker, then mooring the ship at sunset.

On the Monday night, with the treaty assembly only one full day removed, Hobson was under considerable pressure to finalise the English wording and get it translated into the Maori language by the morning of the 5th of February. He was completely out of time, with only one day left beyond the evening of the 3rd of February 1840.

Ian Wards, former Head Government Historian, who virtually lived and researched at the National Archives from 1948 until after retirement, well into the 1990's, states in his 1968 book:

'A Treaty, soon to be known as the Treaty of Waitangi, was prepared with the co-operation of Busby, JR. Clendon and two missionaries, H. Williams and A. Brown' (see Shadow of the Land, by Ian Wards, Wellington, 1968, pg. 42). Government Historian, Ian Wards lists one of his sources as, James. Rutherford, The Treaty of Waitangi.

It is apparent that Hobson pre-planned a gathering of some sort, to seek counsel from senior missionaries and leading local dignitaries, foremost of whom were Busby and Clendon. Some senior missionaries gave opinions while in transit or, possibly, tarried longer on the night of the 3rd of February to help in the treaty brainstorming discussions. Others, like Reverend's Alfred Brown and William Colenso are said to have had input during these two days of finalising the English draft.

James Stuart Freeman, Hobson's private secretary was in attendance at events of the 3rd & 4th of February, although was probably, otherwise engaged in preparing despatch letters for Sir George Gipps.

Despite the fact that H.M.S. Herald stood directly off Kororareka township, going ashore or returning to the ship, was not necessarily an easy task, especially in unsettled weather. It's quite obvious that when Hobson's party went ashore on this occasion in the late afternoon of the 3rd of February they had no intention of returning to the ship later in the dark of night. If a treaty draft writing and finalising conference had been pre-planned in preceding days, then Hobson could not have confidently anticipated it be aboard H.M.S Herald. Moderately bad weather would have negated any possibility of the landlubber advisors reaching the ship or returning home afterwards. Felton Mathew described the physical characteristics of Kororareka Bay, which gives us some idea of the logistics or difficulties incurred when going to & fro, ship to shore:

'The principal, and indeed the only settlement yet formed in the Bay of Islands is at "Kororarika," a small bight which is shown on the Admiralty chart: and to this point my attention was in the first place directed, as being the spot in which the majority of the present European population is concentrated. It is, in my opinion, open to many formidable objections, which unfit it for a principal settlement, and preclude the possibility of its ever becoming a place of other than secondary importance.
The water, in approaching the beach, is very shallow, so that it is impossible for even small vessels to approach within a considerable distance of the shore, which is fully exposed to the north and north westerly winds and on which there is frequently so much surf as to render it difficult, if not impossible for a boat to effect a landing' (see Enclosure 1, in No. 41, B of Islands, N Zealand, 23 Mar. 1840).

The natural and logical venue for a final drafting session, incorporating a sizable group of participants, was the spacious 8-room home of James Reddy Clendon at Okiato. Alternatively, Busby's cottage at Kororareka might well have proved to be more than adequate for discussions and a treaty brainstorming session on the night of the 3rd of February. We know that James Reddy Clendon had a cottage at Kororareka by 1845 and, conceivably, owned it on February 3rd 1840. Certainly, the paper used for the final English treaty draft, written on the 4th of February, came from James Clendon's personal stock, which would infer that Hobson and Busby were at, either, one of Clendon's two or three cottages or his main house at Okiato through the morning and, perhaps, some of the afternoon of the 4th of February.

Reverend's Richard Taylor and George Clarke took tea with Clendon at Okiato on the 4th of February, as mentioned in Taylor's diary, so these two senior missionaries were, certainly, still in the area on the Kororareka side of the bay. Clendon was entertaining an American Lieutenant at the time of the missionaries visit. Taylor's diary entries for the 3rd and 4th of February state:

'Feb 3rd. I went with Mr. Clark to Paihia to pay our respects to our new Governor. We went to Kororareka in the morning and spent so much of the day there that we hesitated proceeding to the Herald to call on the Governor; As however Mr. Williams was on board we went and received a gracious reception. Captain Hobson appeared very communicative and was very courteous. We stayed tea on board.
4. We went with Mr. Palmer on board the Samuel Winter and dined there afterwards we went to Mr. Mair We were nearly swamped by our stupid boys running the mast of the boat against the boom of the vessel. Captain Robertson the commander of the vessel was a gentlemanly person. We took tea at Captain Clendon's, where I met the 1st Lieutenant of the American Squadron now at Sydney' (Reverend Richard Taylor's diary, Auckland Institute and Museum).

When Taylor mentions, "we stayed tea aboard", he undoubtedly means afternoon tea.

The American First Lieutenant from Commodore Wilkes' expeditionary squadron had, apparently, come over on H.M.S. Samuel Winter to be an observer at the Treaty assembly and this same officer attended proceedings on the 5th of February. Richard Taylor wrote in his diary entry for the 6th of February:

'Yesterday an American naval officer attended but left before a single favourable speech was made'.

The primary participants in the drafting of the 1835 Declaration of Independence for the Confederation of United Chiefs had been Busby, Williams, Clarke and Clendon. With the proposed, "Treaty of Waitangi" now emerging to supplant the 1835 legislation, it seems obligatory that Clendon would have been invited, by Busby, to participate in this incentive.

As the leading and most influential merchant in the district, Clendon had befriended Busby in 1833 and continuously supported his attempts to bring law and order to the district. Captain Clendon, an Englishman acting as U.S. Consul, had a thriving business outfitting or supplying the many American whaling ships visiting the Bay of Islands. In his capacity as U.S. Consul, he recorded the arrivals of 151 American ships between 1839 and 1841. His main residence was situated on the harbour frontage at Okiato, about 4-miles from the Kororareka shantytown of fifty or so houses and shops. He also had a cottage at Kakikiroa nearer to Kororareka Township and, seemingly, a cottage in Kororareka as well. By 1845, at least, he had a Kororareka cottage near to the home of Bishop Pompallier.

As the leading businessman in the district, it seems obligatory that Clendon maintained mercantile premises at Kororareka, although he ran a trading post from his Okiato estate, where there was sheltered and safe deep water mooring available for large ships close to shore. Surveyor General, Felton Mathew, later recommended Clendon's estate as the location for the township of Russell and Clendon's spacious new home became the first "Government House" of New Zealand. Felton Mathew wrote:

Proceeding up the harbour, I examined the shores on either side without finding any suitable locality, the land being in all cases too broken and precipitous, and the water too shallow to admit of vessels approaching it. Nearly at the head of the anchorage, however, there is a spot belonging to Mr. Clendon, American Consul, which after a most minute and careful examination, both by land and water, I can confidently assert to be the only spot in the Bay of Islands which is at all suitable for a settlement, or calculated for the purposes of the Government. It is distinguished on the Admiralty chart as Point Omata; the water along a large portion of its boundary is so deep as to admit of ships lying almost close in shore, and an extensive line of wharfs and quays may be constructed at a very moderate expense. This part of the harbour, moreover, being land locked, presents the best and safest anchorage. The land rises less abruptly from the shores than is common in the Bay of Islands and there is a considerable extent of undulating ground highly favourable for the laying out of a town. There is abundance of fresh water, firewood, and brick earth, and its position on the southern shore of the harbour, and just at the junction of the Kawakawa river presents peculiar advantages for internal communication, either by land or water. The Kawakawa I have examined for a distance of some miles upwards, and I had a clear and unobstructed channel, having a depth of water of one fathom at least at low water (see Felton Mathew's Report, Enclosure 1, in No. 41, B of Islands, N Zealand, 23 Mar. 1840).

Prior to Clendon purchasing the large Okiato Estate, he'd bought property closer to Kororareka by 1.2 miles at Kakikiroa. The site consisted of "more or less" 10-acres and had been bought from Frederick R. Spooner, who, in turn, had bought it from William Brown. This transaction took place on August 30th 1836.

By March 13th 1840 Felton Mathew, Surveyor General, was involved in business discussions with James Reddy Clendon. This culminated in a general agreement that the government would purchase Clendon's entire estate as the site of the new township of Russell. It appears that some rental of Clendon's premises, by the government, began in February 1840, but formal agreement of government purchase for the entire property was entered into on the 22nd of March 1840 (see Clendon's letter to Lord Stanley, November 10th 1845, Clendon House Papers, Special Collections, Auckland Public Library).

'The government agrees to purchase from Captain Clendon his property at Okiato in the Bay of Islands said to contain by measurement Two hundred & thirty acres, together with all buildings and improvements thereon, and also another portion of land supposed to contain about 10 acres, immediately adjoining the said property of Okiato, for the sum of Fifteen Thousand Pounds…' (Felton Mathew, S. G.)

'The buildings are valued at Thirteen Thousand Pounds Sterling and the land at Two Thousand Pounds…Bay of Islands, 23rd March 1840, W. Hobson, Lt. Governor'

'Value of annual Rent for the buildings at Okiato, April 1840,

Store £850
Dwelling House £200
Cottage £70
Blacksmith Shop £60
Carpenter Shop £90
Cottage £30

Memo: Surveyed by:
Mr. Shortland-Chief Magistrate.
Mr. Mathew- Surveyor General.
Mr. Mason-Architect and Superintendent of Public Works'.
(see Clendon MSS, taken from Professor Rutherford's copy, Clendon House Papers, Special Collections, Auckland Public Library… original now missing).

Hobson, very early on, obviously was enamoured by the general location where Clendon lived, as it soon became the seat of government for New Zealand. We know that all buildings or lands acquired by Hobson in March and April, on behalf of the government, belonged to Clendon. These included those for his own family, other incoming staff or soldiers, government store facilities and, ultimately, the physical premises of the first Government House of New Zealand.

When Hobson wrote to Lord Stanley from the new Government House in Auckland on August the 4th 1841, he acknowledged that the government owed James Reddy Clendon 18-months rental. This tells us that government rental of at least some, and later all, of Clendon's premises commenced in February 1840. Hobson states:

'His Excellency replied that he saw no objection to my paying a fair rent for the stores and premises, which have been for the last 18 months of the highest value to the Government'.

'...and I submitted to the Executive Council the propriety of granting, at the usual rate of interest in this country, a sum of money amounting to two thousand three hundred pounds (2,300) as rent for the 18 months for the stores [large storage sheds] wharves, dwelling houses and other premises that had been used in the Government service at Russell, and to give Mr. Clendon a maximum grant of land according to the provision of Act of Council 4 Vict. No. 7 in compensation for the land, buildings &c. at that place...' (see The Auckland Chronicle, "Extracts From The Latest Blue Book", Despatch no. 41, Governor Hobson to Lord Stanley, The Clendon House Papers, Special Collections, Auckland Public Library).

Clendon appears to have first met Hobson in 1837 when Hobson had to intervene to negotiate a peaceful termination of hostilities between Pomaré II and Titore. At that time, when Captain Hobson arrived in H.M.S. Rattlesnake in a show of British naval strength and gunboat diplomacy, the English settlers risked being caught in the middle of the warring Maori factions. Clendon's Okiato estate was purchased from Pomaré II and the PA of the chief was situated adjacent to the 10-acres of land that Clendon had bought in 1836 and Clendon had made a yet earlier purchase from the chief in 1830.

Summary of what we've learnt so far:

From the foregoing information that exists within our historic documents on public file, it can be established that Hobson's movements for February 3rd 1840 put him in reasonably close proximity to property owned by James Reddy Clendon. Given the facts that Clendon was a close personal friend, supporter and devoted confederate of James Busby and that it was upon Clendon's paper that the final English draft of the treaty was written, we can be confidently accept that the date of 4th February 1840, as written upon the Littlewood Treaty document, is correct.

Hobson needed to go ashore, if for no other reason than to get away from Captain Nias.

From the moment H.M.S Herald had dropped anchor in Kororareka Bay on the 29th of January, the ship had become a very hostile environment, where Hobson had no assurances whatsoever, of any cooperation from a very belligerent Captain Nias. The fact is that Nias was being deliberately obtuse, disrespectful and obstructive to anything that Hobson wished to do throughout this entire period. The on-going conflict with Nias led to Hobson, in a severe state of stress, having a paralytic stroke only 1-month after his arrival in the country. Let's review some first-person accounts of incidents that demonstrate the degree of this worsening hostility, as extracted from the letters of Surveyor General, Felton Mathew to his wife, Sarah:

29th of January 1840. 'Hobson is much annoyed because Nias refuses to salute Busby when he comes on board, which as he has been always accustomed to receive the honour, will of course mortify him. Hobson very good naturedly and very considerately says, that now, just as Busby's powers are about to be extinguished, he would rather salute him with 20-guns, than be the means of making him feel his altered position. The proper number of guns for a Resident is eight - This shews good feeling on the part of our Governor and bad taste to say the least of it on the part of the Captain - His mortifying and degrading a man, when he might do him honour at no expense or trouble to himself'.*

30th of January 1840: [Before the ceremony ashore at Kororareka Church]. 'The Governor is to be formally installed this afternoon at 2 o'clock - by the reading of his commission and the Queen's Proclamation - What ceremonies are to be observed on the occasion I know not; for our Captain is such a queer fellow that there is no saying what he will do. His idea of "cooperation" seems to be that of doing as little as possible to promote the success of the expedition'. [Felton Mathew then writes the following after the ceremony]: 'Captain Nias has behaved scandalously in the business, having offered every impediment and shewn as little respect, both to the Governor and to the ceremony itself as possible - Poor Hobson is very much annoyed; and I fear we shall have some difficulty in preventing an unpleasant explosion of some kind now, before we leave the ship'.

1st of February 1840: 'Several circumstances have occurred to prevent us from going to Hokianga; and this morning we had a very disagreeable collision with Captain Nias, which put it almost out of our power to go anywhere - We intended to have gone across to Paihia and when there to have made an arrangement with the missionaries for proceeding to Waimate - When however we sent to ask for a boat, he refused to let us have one, although he had himself offered us one to be at our service while we are in the harbour. This has of course occasioned a breeze;* [colloquial expression for argument] and we have in consequence hired a whaleboat to be at our disposal while here'. After a while we put ashore at Kororarika - and after a walk across the hills enjoyed a delightful bath in a fine sandy bay - We returned on board to dinner - since dinner we have had considerable rows - Nias has behaved very ill indeed to Captn Hobson - I fear we shall not be able to preserve peace while we are on board - He appears to have been under great restraint during the past fortnight and is unable to contain himself any longer'.

*Footnote: There are always two sides to every story and the daughters of Captain Nias later wrote a book to vindicate the reputation of their father. They were very concerned that authors like T.L. Buick, who wrote The Treaty of Waitangi in 1914 (2nd & 3rd editions in 1933 & 1936 respectively), were only quoting slanted or on-sided accounts, showing their father in a very bad light. The daughters of Captain Nias contributed to a book called, Captain Joseph Nias and The Treaty Of Waitangi - A Vindication, T.D.H. Hall, 1938.

*Footnote: BREEZE. To raise a breeze; to kick up a dust or breed a disturbance (see Dictionary of the Vulgar Tongue, 1811).

Regardless of how one might wish to apportion blame for the impasse that existed between Hobson and Nias, from Hobson's perspective things had come to a head and he could no longer tolerate the continuously obstinate and obstructive attitude of Nias. At a time when Hobson desperately needed a very composed, well-organised environment in which to think, plan and successfully delegate, Nias was a constant negative distraction and source of aggravation. By the evening of Saturday the 1st of February, Hobson had only 3-days left in which to write and prepare a complete "treaty" document. By the following Wednesday, he would be obliged to stand before a crowd of over 1000 people and conduct a meeting with such finesse, eloquence and rationale that the Northern chiefs of New Zealand would be induced to sign their powers of sovereignty over to Queen Victoria. Hobson had just come halfway around the world to secure a treaty, the clauses of which, at this late juncture, remained unwritten. The Governor-in-waiting was under immense pressure and unnecessary stress, brought about by his constant arguments and frustrations with Nias, causing him to become increasingly ill. Of this, historian T.L. Buick wrote:

'To add to their difficulties, Captain Hobson began now to experience the symptoms of that illness which in less than three years proved fatal to him. He became indisposed and was unable to leave the Herald. In the seclusion of his cabin, however, he devoted himself to an effort to reduce to concrete terms the obligations in which the Crown was prepared to involve itself, and the reciprocating advantages it would require from the natives. In this he achieved but meagre success, and conscious of failure he despatched the principal member of his staff, Mr. George Cooper, to Mr. Busby, giving him his rough notes together with a request that the erstwhile Resident might favour him with his opinion as to their suitability as the basis of a treaty' (see The Treaty of Waitangi, by T.L. Buick, pp 109-110).

It would appear that after Sunday 2nd of February Hobson was not going to tolerate another night aboard ship until the treaty draft was finalised, but would stay ashore in order to compose himself and have a peaceable environment in which to complete the urgent work. At this late stage he would have to call in all the favours he could muster from the local missionaries and dignitaries to help him, as time was very much of the essence with the pre-scheduled treaty assembly only days away and still no written treaty to present to the assembly. He seems to have had concentrated expert assistance from Busby, Clendon and Williams, with in-transit or spasmodic advice and help from Taylor and Clarke. Historians also acknowledge the contributions of others like, Reverend's Alfred Brown, William Colenso and James Buller.

The W Tucker 1833 Watermark found upon the Littlewood Treaty document.

If the final English draft of the treaty had of been completed aboard H.M.S. Herald, then Hobson's or Freeman's on-board paper stocks would have been used. If Hobson had dipped into his personal stock, then the final draft would have been written on James Simmons 1838-watermarked paper. Had Freeman supplied the sheet from his secretarial stock, then it would have been Dewdney and Co 1838-watermarked paper.

Alternatively, if the final English drafting conference had of been held over at James Busby's official Residence at Paihia-Waitangi, then the paper would have borne a J & J Town Turkey Mill 1838 watermark, consistent with Busby's stock in use at that time.

The stock used was W Tucker 1833 from the home of James Reddy Clendon.

Beyond the drafting stage.

Clendon's presence at the final drafting stage of the English wording for the Treaty of Waitangi becomes very important in view of the events of the 20th of February 1840 and the 3rd of April 1840, when duplicate copies of Busby's final draft (the Littlewood Treaty) were written up for despatch to the government of the United States. By that time a political event of great importance had occurred regionally, which would, over time, have major repercussions to the American whaling industry. The treaty had been signed amongst northern chiefs at Waitangi and Hokianga. Britain had commenced a process of annexing New Zealand as a colony and territories within New Zealand were, systematically, being ceded in sovereignty to Queen Victoria. It was James Reddy Clendon's duty as U.S. Consul to inform his superiors in Washington D.C. about the colonisation incentive underway, as well as the terms and conditions being entered into between the British Crown and the sovereign chiefs.

All the evidence shows that on the 4th of February 1840 James Reddy Clendon knew the final draft English wording of the treaty up to that point of development when he last saw it, undoubtedly on his own premises, where it had been written on his paper. Whether subtle changes, additions or deletions had occurred to it after that time, he could not know, but it's very apparent that on the 4th of February 1840 he transcribed a copy of the wording he'd helped to create, before it was taken away to Reverend Henry Williams for translation. As Consul to the United States of America, Clendon would need a copy for despatch if Captain Hobson were, ultimately, successful in securing a treaty.

Clendon himself was a loyal Englishman and could be trusted by Hobson and Busby to hold any transcript of the treaty wording he'd copied in absolute confidence until after a signing ceremony took place. Of Clendon's outwardly apparent conflicts of interest or split loyalties, in being both a British subject and U.S. Consul at the same time, American Commodore Charles Wilkes was later to write these comments to the U.S. Secretary of State:

'If the Govt. [U.S] should hold this in contemplation [securing an American treaty with the chiefs] I should advise that a private agent of talent be sent out here to effect the object and that it be done with the assistance of our Consul here, [Clendon] who seems well disposed to forward the interests of our whalers, but being a British Subject he might be induced to prevent a very full arrangement and possibly might be the means of defeating the object if he was made the only agent to act. Already large offers have been made him to take office, which he has declined preferring his present situation to accepting anything connected to the Govt. here' (see Papers of Charles Wilkes 1837-1847 pg. 166, despatch no. 64, Microfilm 1262, University of Auckland Library, pp 142-145 & 163-168).

James Reddy Clendon's role in helping to secure a treaty between Queen Victoria and the native chiefs is largely glossed over in New Zealand historical circles. Clendon was a close confederate and friend of James Busby and was of constant assistance to the British Resident in establishing law and order in New Zealand from 1833 until 1840. Along with Reverend Henry Williams and George Clarke, Clendon was a member of Busby's immediate support group and each of these gentlemen were contributors or co-signatories to both the 1835 Declaration of Independence, instigated by Busby, or the Treaty of Waitangi in 1840.

Of Mr. Clendon's influence in convincing the chiefs to sign the Treaty of Waitangi document, Commodore Wilkes recorded in his journal:

'About forty chiefs, principally minor ones - a very small representation of the proprietors of the soil - were induced to sign the treaty. The influence of Mr. Clendon arising from his position as the representative of the United States was amongst the most efficient means by which the assent of even this small party was obtained. The natives placed much confidence in him, believing him to be disinterested. He became a witness to the document, and informed me when speaking of the transaction that it was entirely through his influence that the treaty was signed' (see The Treaty of Waitangi, by T.L. Buick, pg. 149 footnote).

The Littlewood Treaty document, which is, positively, dated the 4th of February 1840 and identified to be in the handwriting of James Busby by New Zealand's leading handwriting expert, Dr. Phil Parkinson, is also written on W. Tucker 1833 paper. The only individual in New Zealand known to use this unique brand of paper between 1839 and 1842 was James Reddy Clendon. Reverend Henry Williams stated in his memoirs that he was handed the final draft for translation into the Maori language at 4 p.m. on the 4th of February 1840.

There is no English rough draft, preceding creation of the Maori Tiriti O Waitangi, which more closely mirrors the Maori text, word-for-word than Busby's final draft dated the 4th of February 1840 (the Littlewood Treaty). The 12-pages of surviving rough draft notes, in English, don't even come close.

Reverend Henry Williams and his 21-year old son, Edward, laboured through the evening and night of the 4th into the morning of the 5th of February to have the Maori translation completed in time for the meeting before the chiefs. On the morning of the 5th of February 1840, Hobson landed at 9 a.m. on the Paihia-Waitangi side of the bay in full dress uniform and made his way to Busby's Residence where the treaty assembly was to take place. He met with Reverends' Henry Williams and Richard Taylor, as well as British Resident, James Busby, behind locked doors to discuss the newly translated Maori treaty wording.
It's very apparent that every effort was made to perfect Williams' Maori translation right up until the last minute. Of the finished Maori version created by Henry and Edward Williams during the previous night, 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).

The historical record tells us, therefore, that almost no alteration to the final translation was required other than the substitution of Busby's preferred word to describe "The Confederation of United Chiefs".

After the treaty meeting of the 5th of February 1840 got underway at midday, William Hobson read clauses from the English draft version and Rev. Williams repeated those clauses from the Maori translation version. During this segment of the meeting, no disputes arose from the crowd related to the accuracy of the translation being delivered and everybody seemed satisfied that Reverend Williams was representing Hobson's English text correctly in the Maori language.

In December 2003, Dr. Phil Parkinson expressed this opinion about the English text that Hobson read to the assembly:

'Although nothing can be proven I think that what Hobson read was not the "Her most gracious Majesty . . ." text (which has a rather stiff and formal preamble) but rather the simpler and less formal Littlewood one "Her Majesty Victoria . . ." which in tone addresses the British listeners, rather than the Maori. Hence the Littlewood text says " . . . 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 protection of the natives to establish a form of government among them." Some people have made much of the absence of the words 'lands and estates, forests and fisheries and other properties' in the Littlewood document. However, the expressions it uses "The Queen of England confirms and guarantees to the chiefs and tribes and to all the people of New Zealand the possession of their lands, dwellings and all their property . . ." is just as effective, only less wordy than that in the official English text; the point is that all property is confirmed, of whatever kind, so it is unnecessary to go into details about forests, fisheries, mineral rights or anything else' (see: letter response from Dr. Phil Parkinson to Martin Doutré, 25507 Doutre, AT 13/19/4, 24th of December 2003).

So, we see that, in Dr. Phil Parkinson's view of December 2003, it was the "Littlewood Treaty English version" that was read by Hobson to the assembled crowd at Waitangi. This is an open admission that, according to Dr. Parkinson's belief at the time, the Littlewood Treaty existed as a fully-fledged document and text. It also shows that Dr. Parkinson believed the 4th of February 1840 date, written on the document, to be correct and not a latter era mistake by someone writing the wrong date on a "back-translation" created weeks, months or years later. If, as he believed in December 2003 that the Littlewood Treaty was read to the crowd, then it must have been the last known English draft of the Treaty of Waitangi and the mother document to the Maori Tiriti O Waitangi.

It certainly makes absolute sense that Busby's final draft, completed the day before under Hobson's leadership and direction, with input from senior protestant missionaries and leading dignitaries, was read to the crowd on the 5th of February 1840. Why would any other text be read? All earlier English drafts, written between about January 31st and February 3rd 1840, had been superseded by what was written on the 4th of February 1840 and translated into Te Tiriti O Waitangi.

This fact that the Littlewood Treaty existed as a treaty draft, on the 4th of February 1840, before the Maori version was even created, is also supported by a view expressed by Dr. Paul Moon, who wrote the following to historian, Ross Baker:

'I agree that the Littlewood document is dated 4 February 1840, and that there was almost certainly no subsequent drafting of the Treaty's English text' (See excerpt from Dr. Paul Moon's letter to treaty researcher, Ross Baker, 30/08/2004 and posted onto the O.N.Z.F. website).

In Dr. Paul Moon's book released in November 2004, one can only interpret that there is acknowledgement of the Littlewood Treaty being the lost final draft of the Treaty of Waitangi. Moon & Biggs write, in muted, half-hidden tones:

'On 30th March, US Commodore Charles Wilkes, Antarctic explorer, arrived in the Vincennes to join his other ships Porpoise and Flying Fish. Damaged after their bruising exploration of the icy land, they reprovisioned and repaired their ships till late April. As he left Clendon gave him a further despatch containing a hand-written copy of the Treaty in English copied from Busby's copy of the final draft. It is believed that Clendon then retained Busby's copy of the Treaty' (see The Treaty and Its Times, by Paul Moon & Peter Biggs, chpt. 9, pg. 213).

It's very sad that after 12-long years of waiting, the public get no more from our so-called treaty experts than a vague statement that the Wilkes' despatch No. 64 contained 'a hand-written copy of the Treaty in English copied from Busby's copy of the final draft'.

Although they are, quite erroneously, calling it a copy of a copy, they are still acknowledging that the wording in question is that of the final English draft. Do Moon and Biggs actually know what they just said and the implications that statement has on the entire political infrastructure of New Zealand?

This appears to be a reluctant admission that the Littlewood Treaty is Busby's final draft wording and the all important defining English treaty text that was lost, which historians and legislators have been seeking for 164-years. If nothing else, the statement shows the degree of contempt that our mainstream historians hold for our true treaty text, Seemingly, they don't want the truth about the treaty to be freely disseminated and celebrated, but wish it to remain obscure, so that the false treaty can continue to exist to the detriment and enslavement of most New Zealanders. The statement, at least, allows our mainstream historians to enter into a safe netherworld or twighlight-zone between old lies and new truths. By straddling the fence, with a foot in each camp, they can jump either way, depending on what happens in the public and political arenas.

Clendon's despatch No. 6 to the U.S. Secretary of State on the 20th of February 1840.

James Reddy Clendon had been an advisor during the drafting of the final English version of the treaty. The finalising meeting where the last English draft was written had, by all available evidence, happened on his premises. Needless to say, he'd supplied the paper for the final draft from his personal, business or diplomatic stocks.

After the Treaty of Waitangi became a reality by the adherence of the chiefs who affixed their signatures to the document, Clendon had a duty to inform his superiors about a "British Colony in progress" in New Zealand. In order to make up a complete despatch he needed documents that clearly portrayed what was happening in an official sense. The opportunity to assemble all relevant documents for such a despatch availed itself after the 17th of February 1840, when C.M.S. Mission printer, William Colenso, produced 200 copies of the official Maori text of the Treaty of Waitangi.

We know that government officials, and probably Hobson himself, visited Clendon on the 17th of February 1840. On this day Clendon signed the Treaty of Waitangi parchment in behalf of chief Pomaré II and then affixed his own signature beside that of the chief. The precious treaty parchment, also bearing recent signatures from the chiefs of the Hokianga and due to be taken to Thames within the following week, was kept safe by Hobson's government. It would seem likely that it was on this occasion that Clendon was given newly printed Tiriti O Waitangi pamphlets, fresh off the C.M.S. Mission press.

Clendon, probably, already had in his possession copies of two printed Proclamations, which Hobson had read at Kororareka Church on the 30th of January 1840. These spelled out the intricacies of British intent in the region and described Hobson's commission from Queen Victoria. To these documents Clendon was now able to add the official Maori text of the compact or contract the chiefs had entered into with the Crown. The "final English draft" transcript, which he had written out himself earlier on the 4th of February, undoubtedly at his own premises, would now be sent to the United States. Clendon's personal stock of W Tucker 1833 paper had been used for both Busby's draft and, at the same time, his own transcript of that draft, which could now act as a translation for the benefit of his English speaking superiors in Washington D.C. It would indicate, in understandable terms, what the Treaty of Waitangi said and meant in both languages.

Here's what Clendon prepared for his despatch No. 6, between signing the treaty in behalf of Pomaré II on the 17th of February, until he despatched all relevant documents to the United States on the 20th of February 1840:

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.

It can be readily seen that Clendon has copied Busby's 4th of February 1840 English draft for his despatch No. 6 to the Secretary of State, dated 20th of February 1840. Clendon's handwritten documents are penned on W. Tucker 1833 paper from exactly the same stock as Busby's final English draft of the treaty. Clendon was in attendance when the final draft was written on the 4th of February and, quite apparently, transcribed his own copy of the final English wording in anticipation of this despatch to the United States at a later date, should Hobson's government be successful in securing a treaty. Very compelling evidence suggests that Hobson's last-minute meetings with missionaries and dignitaries gathered in to discuss and finalise the treaty wording, was held between. At least, two sets of premises. Some discussion was, undoubtedly, undertaken on the 3rd of February at Busby's two-room cottage near Kororareka. It's likely that further discussion ensued at James Reddy Clendon's spacious 8-room house on the evening of the 3rd of February 1840 and that some wayfarer participants slept the night there. Certainly, the final English draft of the treaty was written at Clendon's house or, at the very least, another of his cottages or mercantile premises, on the 4th of February 1840, as Clendon's personal stock W Tucker 1833 paper was used for both Busby's final draft and Clendon's duplicate transcript. No one else in New Zealand is known to have used this exact brand and year of paper, but Clendon.

Clendon's despatch No. 6, complete with printed material from the C.M.S. Mission press, should have been very representative of similarly batched materials also sent to Britain and Australia, by Hobson, as well as to the United States by Commodore Charles Wilkes in April 1840. Letter text within the Wilkes' despatch refers to the printed "Proclamation" and "Treaty" material contained therein, some of which has survived. Alternatively, the printed Maori sheets and hand-written Maori language copies from Hobson's despatches to his superiors have survived and were repatriated to New Zealand. The originals can be read in Vol. G-30 at the New Zealand National Archives.

Treaties are generally composed of very exactly worded or legal texts, which do not vary down to the last "and", "but" or "comma". It would appear that it was Clendon's expectation there would, at some stage, be a printed English treaty text made available for diplomatic pouch despatch to foreign governments, just like a Maori version had been provided. With this in mind, Clendon wrote a proviso, qualifying statement to the English text he was sending. He knew that it was substantially correct or even 100% accurate, as he'd sat in on its creation and copied his own transcript. However, Clendon could not know if the "final draft" he'd last seen on the 4th of February 1840 underwent any further subtle modifications prior to or during the time of Reverend Williams' translation process. The text vocalised by Hobson at the treaty assemblies of the 5th and 6th of February must have sounded very much the same to Clendon as that which he'd personally transcribed from Busby's final draft a day or two previous to that.

Clendon could not, on the 20th of February, guarantee that his English transcript version was still "officially" precise down to the last "jot and tittle", sufficient for a gazette notice in an American newspaper, so called it a "translation" to let his superiors know that 'although the words may be different from what they were in the original I think the sense is much the same'.

Due to no English printed version becoming available on the 17th of February, when the Maori Tiriti O Waitangi was printed for official distribution, Clendon was obliged to write the following to U.S. Secretary of State John Forsyth on the 20th of February:

'This Translation is from the Native Document and is not a copy of the Official Document in English from which the Native One is made - and although the words may be different from what they were in the original I think the sense is much the same - but on the return to Capt. Hobson from the Southward I shall apply officially to him for a copy and translation of the Treaty for the purpose of sending it to the Government of the United States.'

In lieu of an official "printed" English copy being issued, the original draft by Busby, which was in the possession of Hobson, would certainly suffice. Clendon promised that he would apply for the exact text wording, directly from Hobson, when the Lieutenant Governor returned from the Southward (Thames-Waitemata).

Clendon was as good as his word and did apply "officially" to the Hobson government for "a copy and translation of the Treaty for the purpose of sending it to the Government of the United States." Head Archivist of the National Archives, Kathryn Patterson, wrote the following to John Littlewood in October 1992:

'The registers of letters received by the Colonial Secretary (held by National Archives) show Clendon requesting (and receiving) an official copy of the Treaty in March 1840. Unfortunately, Clendon's memorandum does not say who provided him with the translation. We have had a search made of the Clendon manuscripts held in the Auckland Public Library to try to assist with this point, but to no avail' (see Letter to John Littlewood from Kathryn Patterson, 12th of October 1992).

According to Dr. Phil Parkinson: 'Clendon was not successful in obtaining an official text of the Treaty IN ENGLISH for despatch no. 6 of 20 February. He tried again with a request to Shortland dated 18 March, filed at Archives New Zealand IA 40/61, now missing, but surviving as a photocopy (held at ATL qMS-1603). This is the document referred to in respect of Kathryn Patterson to John Littlewood in 1992, which you quote. This says "A document purporting to be a copy of a treaty made between the native Chiefs of New Zealand and Her Britannic Majesty's Commissioner, having been placed in my hands, I have the honour to request that I may be furnished by Her Majesty's Government with a copy of any existing Treaty with the said chiefs, that the same may be forwarded to the Government of the United States of America" (see letter from Dr. Phil Parkinson to Martin Doutré, 3rd of November 2004).

Clendon is stating here that a copy of a treaty has been "placed in my hands" and requests that any further treaties entered into with district chiefs be furnished to him for despatch to the United States. The treaty signing incentive moved from district to district, and it was not clear, in March 1840, if the majority of the country would be ceded in sovereignty to Queen Victoria or not. It is quite clear, however, that the "asked-for" treaty-related documentation had been sent to Clendon by the Colonial Secretary, in fulfilment of the U.S. Consul's "official" request. Clendon was later able to make these official documents available to United States Antarctic Explorer, Commodore Charles Wilkes, who sailed into the Bay of Islands aboard his flagship, Vincennes, on March 30th 1840.

Wilkes arrived from N.S.W. Australia, to rejoin two of the somewhat battered vessels of his Antarctic expeditionary squadron, lying at anchor and undergoing repairs in Kororareka Bay. Commodore Wilkes had heard from sources in N.S.W. that a "British colony in progress" was underway in New Zealand and had already read Hobson's earlier despatched Proclamations, made available to Wilkes by Governor Gipps, before he sailed from Australia. A lieutenant from Wilkes' squadron, who had come over as an observer on the "Samuel Winter", was staying with Clendon on the 3rd of February and also attended the Treaty of Waitangi assembly on the 6th of February 1840. Perhaps the Lieutenant managed to acquire copies of the Proclamations read 5-days before and returned them to his commander. Commodore Wilkes was particularly concerned about the effect British annexation would have upon the lucrative American whaling industry in the region and wished to send a despatch to the U.S. Secretary of State describing local events. In order to create an informed despatch he would have to rely heavily on Clendon for intelligence and official documentation.

As stated, Clendon had promised his superiors that he would apply to Captain Hobson directly for a "copy and translation" when the Lieutenant-Governor returned from Thames. Unfortunately, Hobson suffered a severe stoke on March 1st while at Thames and returned to the bay paralysed and severely incapacitated, aboard H.M.S Herald, on March 6th 1840. It's quite obvious that Hobson always carried the final English draft of the treaty on his person and read it out at gatherings where there were settlers present. The attendance of reasonably large numbers of European settlers at the treaty assembles had, certainly, been the case at Waitangi and Hokianga districts. After March 1st Hobson had no hope of using the final draft document himself and a whole new programme, related to chosen government appointees conducting treaty assemblies and signing ceremonies in behalf of the government, had to be devised by Acting Lieutenant-Governor, Willoughby Shortland.

On The 11th of March Felton Mathew, Surveyor General, and James Stuart Freeman, Hobson's personal secretary, visited Clendon at his home. Mathew returned to visit Clendon, with whom he had "some business" to conduct, on the 13th of March. It might be of great significance that on this same day Felton Mathew's deputy, William Cornwallis Symonds, received his official Maori copy of the treaty for signing at Manukau, Port Waikato and Kawhia (see: The unpublished letters of Felton Mathew to Sarah Mathew, Special Collections, Auckland Public Library. See also: Captain William Hobson, by Guy K Schofield, pg. 109).

Clendon well understood that the only official "treaty" was a document in the Maori language. He, therefore, called the Maori version the "Treaty" and the English version the "Translation", although these titles were not, altogether, appropriate. The Maori version was, of course, the actual translation, having been derived from Busby's final English draft of the 4th of February 1840.

Semantics and personal definitions aside, Clendon simply wanted the official English and Maori versions to be supplied for despatch purposes and it's quite apparent that he received them before Commodore Wilkes arrived in the bay aboard the U.S.S. Vincennes on the 30th of March. On the 3rd of April 1840, Clendon was able to lay out the documents that he had officially requested from Hobson's government, such that Wilkes could scrutinise, then transcribe them in his own hand. Being a cautious military man, Wilkes first had to ascertain that the Maori version did, indeed, say what the British claimed it said and, in order to satisfy both himself and his superiors on this point, he first wrote out a back-translation of the Maori text by Captain Gordon Brown. The original Gordon Brown document that Wilkes transcribed survives amongst the Clendon House Papers at Special Collections, Auckland Public Library. There is also a Maori version copy amidst the papers, identified by Dr. Phil Parkinson to be in the handwriting of Henry Tacy Kemp. This 5-page document has 'Your Copy - JaStuart Freeman' written diagonally above the Maori text on page 1.

Getting Busby's final draft would have posed no problems for Clendon after Hobson returned paralysed to the Bay of Islands on March 6th. One can safely presume that it was left with the Colonial Secretary once Hobson knew Clendon needed it. Whereas Hobson had earlier rented Busby's two-room cottage in anticipation of the arrival of his wife and children, his recent stroke had changed his plans dramatically. The two-room cottage became the permanent office of Willoughby Shortland, who wore several hats as Colonial Secretary, Police Magistrate and, now, Acting Lieutenant-Governor.

On the 3rd of April 1840, having written out the "Gordon Brown" back-translation, Wilkes then transcribed the "final draft" treaty text that had been supplied to Clendon after a direct request to Hobson's government. Wilkes titled this version the "Translation" in keeping with Clendon's definition. In so doing, Wilkes was using the terminology of Clendon, who had previously promised the U.S. Secretary of State, John Forsyth that he would apply officially for a "copy and translation". He now had both of these in his possession.

Here's what Wilkes transcribed, which was the "official translation", on the 3rd of April and despatched (No. 64) on the 5th of April 1840:

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 confederationof 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 Sovereignty" in the Preamble, or has abbreviated some words, the text is the same. Where Wilkes left out the word Sovereignty in the first instance, one can see he first put in land, but didn't fully rectify or recover from the mistake. Wilkes has even copied Busby's spelling mistake for "Sovreignty" on two occasions, leaving out the telltale "e". The same holds true for the "crossed out" word chiefs where Busby wrote the wrong word into his final draft in Article II, then had to replace it with "Queen". Wilkes copied Busby's mistake at the same spot on the paper fold, then rectified it by crossing out chiefs and adding "Queen" also (See Papers of Charles Wilkes 1837-1847, despatch Number 64, Microfilm 1262, University of Auckland Library pp. 142-145 & 163-168). The original Wilkes' Papers are held at, The Kansas Historical Society, Topeka, Kansas, U.S.A., and the microfilm reproduction of them was made in 1953.

Final Summary related to the Littlewood Treaty document being the lost final draft.

All of the evidence clearly shows that the date of the 4th of February 1840, found on the Littlewood Treaty, is absolutely correct and not a mistake by its author. The Littlewood Treaty document cannot possibly be an 1850's back-translation from the Maori Tiriti O Waitangi, written on some old paper lying around a solicitor's office, as Dr. Claudia Orange would have us believe. The handwriting is correct for the final draft (Busby). The date is correct for the final draft (4th of February 1840) and the paper is correct to fit the era of writing (W. Tucker 1833). The location of writing is correct to fit the historical record and setting alluded to in the diaries or letters of the time. The follow-on activity of duplicate copies, taken from the original by Clendon & Wilkes, is correct and lends immense credibility to the Littlewood treaty qualifying as Busby's final draft.

As an additional verification of the Littlewood Treaty being the final draft, it is known that Clendon applied for and received the official English wording from the Colonial Secretary, Willoughby Shortland who, very conveniently, was living at Busby's two-room cottage not far from Clendon. That text wording, sent to the United States by Wilkes, was definitely copied directly from Busby's final draft original, which was the "Littlewood Treaty" document found by Beryl Needham and her brother, John Littlewood, in 1989.

So, how did Henry Littlewood end up with Busby's final English draft of the treaty?

U.S. Consul James Reddy Clendon, who applied to the Colonial Secretary to have it supplied in March 1840, requested the "final English draft" or official English wording of the treaty. The records of the Colonial Secretary show that the government complied with this official request from Clendon and was further committed to supplying Clendon with any additional treaty agreements entered into as the signing incentive progressed. The final English draft "original" document, once supplied, remained with Clendon, thereafter, and was never returned to the government. He most certainly made it available to Commodore Charles Wilkes to copy, as the American Commodore duplicated several unique, telltale mistakes that could only have been lifted directly off Busby's final treaty draft document.
In later years, at least, and conceivably much earlier, Henry Littlewood was James Reddy Clendon's solicitor and was employed to do conveyancing work for Clendon. Some receipts still exist amongst the Clendon House Papers, showing payment being made by Clendon to Littlewood for completion of legal work.

Conclusion

It was, seemingly, Clendon's expectation that there would, at some time, be an "official", standard English printed text issued by Hobson for diplomatic pouch despatch to foreign governments (just like there was a Maori printed text). There never was, and, with Hobson ill or very busy, virtually every English text despatched by James Stuart Freeman to overseas countries was different. In truth, English versions of the Treaty never rose above the status of being either drafts to the finished compact/ contract or back-translations of the same.

Treaty researcher, Brian Easton writes:

Hobson's behaviour adds support to the lower status of the English ‘version’. Ross [Ruth Ross 1972] reports on five versions which Hobson forwarded to his superiors in Sydney and London. There are differences between them. The main difference is that three have the Hobson-Busby preamble, two the Freeman one. (One omits ‘forests, fisheries’. A sixth version attributable to Hobson is in Clendon’s letter to the Secretary of State on 7 July, where the preamble is again Freeman’s (but ‘forests, fisheries’ are included).

What are we to make of all this? Surely it is that there was no English text of the Tiriti at the time of signing, or shortly after, that Hobson cobbled together what they could after recognizing the lack'. (red emphasis added).
http://www.eastonbh.ac.nz/modules.php?name=News&file=article&sid=211

In fairness to Hobson, he was ill within about a day or two of arriving in New Zealand and had suffered a paralytic stroke about 3-weeks after the treaty was signed, leaving him severely incapacitated for several months. He never fully regained his strength and another severe stroke finally killed him on September 10th 1842.

Of the staff that accompanied Hobson to New Zealand, a future Auckand newspaper editor, Samuel Martin, wrote: 'Captain Hobson is accompanied by several officers, selected for their known incompetency, by George Gipps [Governor of Australia]. What assistance he is to expect from these persons I do not know, but they are evidently sent to New Zealand because Sir George Gipps has no use for their services here, and was consequently anxious to get rid of them' (see J Buller, pg. 371). Sadly, Samuel Martin's assessment was fairly close to the mark regarding some individuals. The production of many strange and varied English Treaty versions by James Stuart Freeman became a chronic problem, almost as soon as the ink was dry on the Maori Tiriti O Waitangi.

It would seem that Freeman, an apparently out of control 3rd class clerk, who needed to be severely reined in by his very ill or otherwise distracted boss, wanted to be immortalised by having his hand-written documents and literary talents lodged permanently in the hallowed halls of government archives world-wide. He seemed far more concerned with grandiose and pretentious sounding language, suitable for the delicate aristocratic ear, than stringent adherance to the precise, stark, legally worded or clinical contractual text.

Freeman will go down in the history of New Zealand as, pretty much, the biggest screw-up of all time... surpassed only by those inept modern historians who perpetuate and exploit the "treaty" muddle and confusion, which Freeman initially created by gross negligence and ignorance.

What Clendon did not know on the 20th of February 1840 and what concerned him, was "the official English" wording of the treaty for diplomatic pouch despatch to foreign governments. He seems to have been the only individual on record who applied for and had issued to him the "official" English text, based upon the final draft wording. Otherwise, as it turns out, there never was any such text. Hobson never had the final English draft printed and is on record as stating that he considered the Maori text, alone, to be 'de facto the treaty'.

In the end all English versions sent overseas varied to a greater or lesser extent, country by country, thanks to the clumsy manufacturing enterprise of James Stuart Freeman. The only version that ever remained constant was the Maori one, as that was the one and only Tiriti O Waitangi - Treaty of Waitangi compact or contract. Contrary to popular belief, it is possible to have a binding contract solely in Maori...just like one can have a contract in Eskimo, Navaho, Serbo-Croatian or Swahili.

SUPPLIMENTARY READING FROM: THE AUCKLAND CHRONICLE.

OFFICIAL DEPATCHES THAT SHOW THE TREMENDOUS IMPORTANCE OF JAMES. R. CLENDON'S ESTATE TO THE FLEDGLING NZ GOVERNMENT.

No. 41
Copy of a Despatch From Governor
Hobson to Lord Stanley.
Government House, Auckland,
4 August, 1841.

My Lord---Although your Lordship has doubtless been informed by Sir George Gipps, of the agreement I entered into with James Reddie Clendon, Esq., for the purchase of his property at the Bay of Islands, I nevertheless now beg to submit to you copies of all the documents connected with that transaction, including the minute of the Executive Council, under date the 10th of June last, in order that your Lordship may be put at once in possession of the necessary information to enable your Lordship to form an opinion on the propriety of my proceedings.

Referring to Enclosure, No. 2, which explained to Sir George Gipps the causes which impelled me to depart from the strict and rigid rule of official routine in making a purchase of such magnitude without the consent of my immediate superior, I beg leave in my own vindication to say, in addition to the causes therein stated, that I was totally uninformed of the measures contemplated by Sir George Gipps; and that I was quite unaware that I was then or ever should be in a condition to assert a right on behalf of the Crown to any position which was adapted for a township. It was a subject on which I had no instruction, and all I could collect from colloquial communication with Sir George Gipps on the subject of the recognition of claims to land in this country was that "all improved property, with a good belt of land around it would certainly be recognized." Mr. Clendon's property stood exactly in that condition. Had I found any situation suited for a town, which was neither improved nor inhabited, with my own imperfect knowledge of the case, I would have taken possession of it on my own responsibility, trusting to your Lordship to grant adequate compensation to its owners.

Your Lordship, I presume is aware that Sir George Gipps disapproved of my proceeding, and that his excellency refused to insert my advertisment to sell the land in October 1840, in the New South Wales Government Gazette. This being a virtual prohibition to the sale of the land (the insertion in the Gazette being necessary to give validity to the sale), I was deprived of the means I had proposed for paying Mr. Clendon the stipulated price. Thus situated, I again applied to Sir George Gipps to make some payment to Mr. Clendon who was greatly embarrassed by the disappointment, which resulted from my non-payment of one thousand pounds (1000) promised in the original agreement in October. His Excellency said that he saw no reasonable objection to my paying a fair rent for the stores and premises, which have been for the last 18 months of the highest value to the Government.
Accordingly, when the colony was detached from New South Wales, I deemed it my duty, both in justice to Mr. Clendon, and for the honour of the Government, to bring the matter to a speedy adjustment; and I submitted to the Executive Council the propriety of granting, at the usual rate of interest in this country a sum of money amounting to two thousand three hundred pounds (2300) as rent for the 18 months for the stores, wharves, dwelling houses, and other premises that had been used in the Government service at Russell, and to give Mr. Clendon a maximum grant of land according to the provision of Act of Council 4 Vict. No. 7, in compensation for the land, buildings &c. at that place, for the details of which I have the honour to refer you to the minutes of Council, copies of which are enclosed.
I approach this subject with some degree of diffidence, having already met with a disapproval from my official superior; but I trust that your Lordship will view with indulgence any part of this transaction which may not accord with your opinions, and give me credit for acting with due solicitude for the public welfare in the difficult position in which I was placed, and finally, I trust your Lordship will approve of the steps I have taken for its final adjustment.
I have &c.
(Signed) W. Hobson.

REPORT FROM FELTON MATHEW, SURVEYOR GENERAL, GIVING AN ACCOUNT OF HIS EXPLORATION OF THE BAY OF ISLANDS FOR FEBRUARY-MARCH 1840.

Enclosure 1, in No. 41
B of Islands, N Zealand, 23 Mar. 1840.

Sir,-- In conformity with the verbal instructions which I received from His Excellency the Lieutenant-governor, I have employed myself pending the arrival of the storeship, in minutely examining the Bay of Islands with a view of ascertaining its capabilities, and determining the most eligible site for a settlement.
Although from its geographical position, no less than from the very rugged and impractical character of the country in its immediate vicinity, the Bay of Islands cannot be regarded as an eligible spot for the principal settlement or capital of the Island; yet it is evident from the numerous European population congregated there, and the extent of capital already employed in its immediate vicinity, as well as from the circumstance of its being a resort of so large a number of whaling ships, both English, French and American, that no conceivable circumstances can retard its improvement, or prevent it from becoming, as a port, a place of primary importance. It is therefore absolutely necessary that an establishment should be formed by the Government; and my attention has accordingly been earnestly directed to the most practical mode of carrying the object of the Government into effect, and to determining the most desirable spot for the purpose; the difficulty of deciding this question being necessarily much augmented by the circumstance of all the land in the vicinity of the Bay of Islands being in the hands of Europeans.
I have now the honour to lay before you, for the consideration of his Excellency, the Lieutenant-governor, the result of a very minute examination of the Bay and a very attentive consideration of the matter in question.
The principal, and indeed the only settlement yet formed in the Bay of Islands is at "Kororarika," a small bight which is shown on the Admiralty chart: and to this point my attention was in the first place directed, as being the spot in which the majority of the present European population is concentrated. It is, in my opinion, open to many formidable objections, which unfit it for a principal settlement, and preclude the possibility of its ever becoming a place of other than secondary importance.
The water, in approaching the beach, is very shallow, so that it is impossible for even small vessels to approach within a considerable distance of the shore, which is fully exposed to the north and north westerly winds and on which there is frequently so much surf as to render it difficult, if not impossible for a boat to effect a landing. The extent of land which it would be possible to render available for building purposes is absolutely insignificant; and it is already in the hands of so many private individuals by whom it has been sold and resold divided and subdivided, that it would be extremely difficult for the Government to respect the claims of these individuals, however well founded, and at the same time obtain a portion of land of sufficient extent for the purposes for which the Government would require it. While on this subject, I have, however, to press on his Excellency the Lieutenant-governor, that although the disadvantages of Kororarika altogether unfit it, in my opinion, for the principal settlement in the Bay of Islands, yet that as there can be no doubt of its rapidly improving and advancing to a certain stage of prosperity, the interposition of the Government is absolutely necessary in laying out the town and to prevent the encroachment of obstructions and nuisances which will otherwise perpetually occur. The number of houses already erected and in progress does not, I think, exceed forty, or perhaps fifty; these are wholly of wood and few of them at all durable. The influx of strangers and the consequent demand for buildings is, however, so considerable, that I apprehend much difficulty may arise in the proper arrangement of the streets and public ways, unless some immediate steps be taken be taken by the Government for this purpose; the measure which I would beg to suggest is this, that the Government should take possession without respect to persons, of the whole of the land available for the purpose, and when a town has been laid out on an approved plan, that the claimants shall receive allotments in proportion to the extent of their claims, a fair and equitable deduction being made from each for streets &c. and respect being had as far as may be practicable to the locality of their several allotments; there can be no doubt that such an arrangement as this, by substituting broad and well-formed streets for narrow and irregular byeways and by the many other obvious advantages which it presents, would materially tend to enhance the value of property in the town, and I have reason to believe that it would prove satisfactory to the proprietors generally.
At the same time I have no doubt that the Government will be enabled, by negotiation with the native chiefs, to obtain possession of a considerable extent of land comprising the most important part of the frontage of the bay, and in the very center of the town, which still remains in the possession of the natives, and which when properly disposed, will afford ample space for the erection of all necessary Government buildings, and at the same time leave a number of very valuable allotments for sale.
I have considered it my duty to draw the attention of his Excellency the Lieutenant-governor to this subject, because I consider it to be one of paramount importance; and as I observe that towns are or profess to be, laid out and allotments sold, at the will and pleasure of individual speculators, I am desirous of being informed if it be the intention of the Government to recognize the rights of private individuals to dispose of their property in this manner, or whether it will not be considered necessary to interfere in order to prevent the laying out of any towns or villages, excepting under the control and direction of the Government.
The spot which next demanded my attention was that portion of the land claimed by Mr. Busby, on which his present residence stands; bounded on one side by the Bay, and on another by the Waitangi River, and which it appears that gentleman has laid out for a town, under the name of Victoria, several allotments having been already sold.
The land itself is far more level and suitable for building than any other spot in the Bay of Islands, but is fully exposed to almost every wind that blows; it is open to the full set of the sea, and its shore is surrounded by a most dangerous shoal, extending many hundred yards from the land, which renders it perfectly inaccessible to ships and nearly so to boats, unless the weather be perfectly fair and calm. The river itself is very shoal, and the only practicable channel very narrow and precarious; this spot does not present one solitary advantage as a site of settlement.
Proceeding up the harbour, I examined the shores on either side without finding any suitable locality, the land being in all cases too broken and precipitous, and the water too shallow to admit of vessels approaching it. Nearly at the head of the anchorage, however, there is a spot belonging to Mr. Clendon, American Consul, which after a most minute and careful examination, both by land and water, I can confidently assert to be the only spot in the Bay of Islands which is at all suitable for a settlement, or calculated for the purposes of the Government. It is distinguished on the Admiralty chart as Point Omata; the water along a large portion of its boundary is so deep as to admit of ships lying almost close in shore, and an extensive line of wharfs and quays may be constructed at a very moderate expense. This part of the harbour, moreover, being land locked, presents the best and safest anchorage. The land rises less abruptly from the shores than is common in the Bay of Islands and there is a considerable extent of undulating ground highly favourable for the laying out of a town. There is abundance of fresh water, firewood, and brick earth, and its position on the southern shore of the harbour, and just at the junction of the Kawakawa river presents peculiar advantages for internal communication, either by land or water. The Kawakawa I have examined for a distance of some miles upwards, and I had a clear and unobstructed channel, having a depth of water of one fathom at least at low water.
The land claimed by Mr. Clendon, and of which he has been in possession upward of eight years, is supposed to comprise something more than 300 acres. I have most carefully examined every part of it, and although the back-land is rugged and precipitous, there is a much larger portion of it level than I have yet seen in the Bay, and fully sufficient to afford space for a very pretty and convenient town. There are on the land a very comfortable cottage with suitable buildings, an extensive and substantial store office, smith's shop, boat builder's shed, &c., the whole of which are in good repair, and would be immediately available for the purposes of the Government. The circumstances of the whole of this property being in the hands of one individual, whose claim to it is, I believe, indisputable, would render it peculiarly easy of attainment; and from the conversation I have had with Mr. Clendon, I am induced to believe, that if the Government were disposed to form a settlement on his land, he would meet their views on perfectly fair and equitable terms.
Taking, therefore, into consideration the incalculable advantage which the Government would derive from the possession of a spot, the sale of which in town allotments, would afford an immediate and very considerable revenue; the expense that would be saved in the erection of different buildings required by the Government, and which in the present scarcity of materials would be very great; the circumstance also of this affording the only spot in the Bay of Islands which is at all eligible for the purpose, I cannot but express a decided opinion that the purchase of the land from Mr. Clendon, on anything like fair and reasonable terms, would be highly advantageous to the Government; that the outlay of money would be covered by the first sale of town allotments, and that the completion of the measure would lay the foundation of a very important populous, and flourishing settlement.
The buildings would afford ample accommodation for the residence of the police magistrate, a store, barrack, hospital, mechanics' workshop, and indeed every convenience which can be for the time required. Should his Excellency think favourably of the suggestion which I have the honour to offer, and concur in the view which I have taken, I have the honour to request that I may be authorized to treat with Mr. Clendon for the purpose of attaining the object in question.
Conceiving that I shall best discharge my duty to Her Majesty's Government, and most effectually promote the object which his Excellency has in view, by at once bringing to bear all the information which I have been enabled to collect with regard to the Bay of Islands, and its position as regards the northern interior of the island; I cannot conclude this Report without adverting to the means of communication between it and the fertile and valuable districts of Waimate and Hokianga, between which places and the Bay much intercourse already takes place. The existing road to both those places is practicable only for a horse and could not be rendered a good and permanent line, excepting at a very great expense; added to which I feel satisfied of its being an erroneous one, and am very sanguine of finding a nearer and a better.
A very desirable means of communication with this country is opened by the river Kerikeri, which is navigable for large boats as far as the falls at the missionary station, and from whence a good cart road extends to Waimate.
If a sufficient quantity of land were obtained by the Government, and reserved for a small town or village, it will eventually form a depot for the produce of the whole fertile agricultural district of Waimate; and, if in connection with this another tract of land were obtained for a similar purpose in the Bay of Tissuce or Tipoonah, I anticipate that many whaling vessels would resort to this bay in preference to the more open roadstead in front of Kororarika. At present, it is little known on account of its distance from Kororarika, hitherto the only place from whence supplies could be procured.
A considerable extent of gently undulating land well supplied with fresh water, and well adapted for the purpose I have mentioned, lies about a mile above the junction of the Kerikeri on the opposite side of the bay. The land is bounded on one side by a creek, navigable for a short distance, and at a point near the mouth of the creek there is four fathom water close to shore.
The whole of the upper part of the Bay of Tipuna presents a splendid anchorage; it is land locked, and with depth of water which will admit of a large vessel lying almost close to the rocks.
The land in both of the situations which I have alluded to, belongs, I am told, to the Church Missionary Society; I should apprehend therefore, that no difficulty can possibly exist in obtaining such a quantity as the Government may require for the purpose which I have pointed out.
Considering that it would be most in accordance with the views of his Excellency the Lieutenant-governor that he should at once be put in possession of all the information I have collected from personal observation connected with the Bay of Islands, and the opinions I have adduced therefrom, I have considered it desirable to present them in one connected Report, which I trust may be found satisfactory to his Excellency, and beneficial to the public service. I have &c.
F Matthew, Surveyor-general.

Some Observations from Sarah Mathew

Sarah Mathew, Felton's wife, upon arrival in New Zealand later in 1840, mentions in her diary a visit to "the Hobson's" who, by then, were living at "Clendon's house" (see Diary of Sarah Mathew, Special Collections, Auckland Public Library).

Arrangements for the incoming families of Hobson's staff in March 1840 to, initially, occupy land owned by the Clendon's was negotiated during the month of February and increasingly implemented by mid-March. When Hobson wrote to Lord Stanley from the new Government House in Auckland on August the 4th 1841, he acknowledged that the government owed James Reddy Clendon 18-months rental. This tells us that government rental of at least some, and later all, of Clendon's premises commenced in early February 1840. Hobson states:

'His Excellency replied that he saw no objection to my paying a fair rent for the stores and premises, which have been for the last 18 months of the highest value to the Government'.

'...and I submitted to the Executive Council the propriety of granting, at the usual rate of interest in this country, a sum of money amounting to two thousand three hundred pounds (2,300) as rent for the 18 months for the stores [large storage sheds] wharves, dwelling houses and other premises that had been used in the Government service at Russell, and to give Mr. Clendon a maximum grant of land according to the provision of Act of Council 4 Vict. No. 7 in compensation for the land, buildings &c. at that place...' (see The Auckland Chronicle, "Extracts From The Latest Blue Book", Despatch no. 41, Governor Hobson to Lord Stanley).

Although Hobson's utterly unexpected and unplanned for "paralytic stroke" threw many plans into disarray or confusion, Clendon's property became the very essential location for the physical premises of the new government. In early February Hobson seems to have been content to simply rent one of Clendon's cottages. By March it had become very apparent that the new government would need Clendon's entire estate, buildings and facilities. Clendon's spacious new House was to become Government House, to be occupied by the Governor and his family, just as soon as Eliza and the three children arrived from Australia and William was well enough to return from convalescence in Waimate.

Sarah Louise Mathew states the following in her diary events of the 17th of March 1840, when she arrived in New Zealand:

'The news brought from the settlement, was most disasterous; the Governor had been attacked by paralysis, & was at the Mission Station, Waimate, 15 miles from Paihia, the Station in the Bay of Islands, in a most precarious state: In the consequence nothing has been done to provide accomodation for the people who had come down in the Store ship: no arrangement made for landing the stores: in fact all was in the most miserable state of perplexity & confusion'.

She continues to give an account of what transpired in the first weeks after her arrival on the store ship H.M.S Westminster, captained by Mollison:

'Meantime we remained on board the ship for some weeks, during which time the people were landed, & took up their abode in Tents erected for them in a pretty little valley, among the hills at the head of the Bay, which we call Dingley Dell: then there were the horses to be landed, & the Stores: for the latter some large buildings had been purchased from an old Settler in this Bay, Mr. Clendon, he was American Consul, & he very civilly came and offered any assistance in his power: he was the possessor of a very comfortable house, to which we were hospitably invited by Mrs. Clendon: they had been settled here for many years, & were on the best of terms with the natives, who gave him the name of Duaterra [Tuatara] which means lizard...'

After Hobson was stricken with paralysis there was tremendous concern about the stability of the New Zealand government and Governor George Gipps of Australia worked quickly to save the situation.

'In great haste Major Thomas Bunbury was despatched with eight officers and eighty soldiers, and with orders to take over the Government if necessary. With him on H.M.S Buffalo sailed Eliza Hobson and her children. They landed on 16 April and to their great relief found William recovering at the house of a missionary at Paihia [Waimate]. This was a temporary refuge, for the purchase had already been approved of the first Government House, an existing building [Clendon's House] in the Bay of Islands at a place to be known as Russell. The family were soon in residence. In her "wooden palace", Eliza wrote to a friend, Emma Smith in Plymouth, she was as happy as ever in her life' (see Album presented to Eliza Hobson when she left New Zealand in 1843, 1990 reprint, ISBN: 1869400356).

Felton and Sarah Mathew were sent on a surveying assignment, 'in order to fix upon the site of the first Settlement, & principal Township, the capital of the new Colony. Our effects were to be left in Clendon's Store...' (See Extracts From Diary, Autobiography of Mrs. Felton Mathew, Special Collections, Auckland Public Library).

LORD STANLEY'S RESPONSE TO GOVERNOR WILLIAM HOBSON, RELATED TO THE PURCHASE OF JAMES REDDY CLENDON'S ESTATE BY THE NZ GOVERNMENT.

No 42.
Copy of a dispatch from Lord Stanley to Governor Hobson.
Downing-street, 10 May 1842.

Sir,-- I have to acknowledge the receipt of your despatch, No. 41/2 of the 4th of August last, with various documents, on the subject of the purchase by the government of New Zealand from Mr. J. R. Clendon, of a portion of land in the Bay of Islands for government purposes.
I have attentively considered the circumstances connected with this transaction, as stated in your despatch, and I am of opinion that the information which you furnish on the subject is not sufficient to remove the prima facie impression, that in this transaction you have exceeded the proper limits of the discretionary authority vested in you. I see no sufficient proof that land adequate to the purposes of government might not have been obtained at that part of the Bay of Islands where the settlement is already established, nor that it might not have been procured of Mr. Clendon himself, without entering upon so unnecessary a large transaction on the part of the government. I admit, however, that the balance of evidence would show that the spot selected possesses natural trading advantages superior to those of the existing settlements. I observe that by the second agreement made with Mr. Clendon, it is arranged that a rent should be paid to him for the use of his property for 18 months, and that he should receive 30 acres of Crown land for every acre which he had given up. In carrying out this agreement, however, the following conditions should be strictly enforced; first that the land granted to Mr. Clendon should be country land and contain neither town nor suburban allotments; and secondly that it should, to the fullest possible extent, be comprised in one block, to be taken subject to all the regulations of the colony in respect to shape, frontage, &c., and to have only the outer boundary marked out. Upon the first point nothing is said in the agreement; but I cannot doubt, although Mr. Clendon's authority to select is to have the precedence of all colonial land orders, that country land can only have been intended. On the second point, it is stated in the arrangement, as at first expressed, that the land shall be taken in one block; but when Mr. Clendon requests that if the land he chooses does not contain the whole quantity, he may be allowed to select the remainder in another locality, the Executive Council agree that in the contemplated contingency Mr. Clendon shall be entitled the remaining portion from other block or blocks. This would give too great latitude for selection, and would defeat the object for which the restriction to one block is confined in similar cases, viz. to compel the purchaser of large tracts to take the good and the bad together. Mr. Clendon cannot, therefore, under the agreement select his land where either previous proprietary rights or natural impediments prevent him taking the whole quantity in one block; or if any relaxation of this particular be allowed as having been already promised, it should at least not be carried to such an extent as to defeat the positive and express intention of the original agreement.
My objection is so strong in principle to the colonial government entering into any of the prevalent land speculations, that had this transaction been of a recent date and had it been possible to communicate the decision of Her Majesty's Government within a limited time, I should, even in the present state of the case, have directed the disallowance of the agreement; but looking to the irregularities which have characterised the whole settlement of New Zealand and to the necessity under which you are placed of taking care that the most advantageous sites are not monopolized by powerful land companies; considering, also, that beyond the rent which has been paid for the land, it is not intended to make any demand for an actual outlay of money, and consequently that no embarrassment to the funds of the colony will result from the purchase; and further, that a disallowance of the transaction now would probably lead to much confusion and difficulty, Her Majesty's Government will not withhold their sanction to the proceeding, subject to the regulations above laid down, to which Mr. Clendon will be bound to assent.
I have to direct that the land of which the Government have thus become possessed, shall be as speedily as possible brought into the market; and that out of the first proceeds you reimburse to the Colonial Treasury the sum expended for rent, before any deduction is made in favour of emigration or any other purposes.
You will understand that you are positively prohibited in future, under any circumstances, from purchasing land from any individuals without the previous sanction of Her Majesty's Government. In the present case the previous disallowance of the transaction by the Governor of New South Wales very much increases the responsibility which you have taken on yourself.
I have &c.
(Signed) Stanley.

Auckland, New Zealand:--- Edited, Printed, and Published by William Warre Barrow, at his General Printing Office, Shortland Crescent.

(To view the original "Auckland Chronicle" newspaper article, see The Clendon House Papers, Special Collections, Auckland Public Library).


 

 

 

Clendon sent the true, Final English Draft version of the Treaty to the United States.

Commodore Wilkes sent the true, Final English Draft version of the Treaty to the United States.

Clendon's House became the First Government House of New Zealand and his property, the First Capital township.

 

 

THE DESPATCHES OF JAMES R CLENDON US CONSUL