CREATION OF THE "OFFICIAL" TREATY DOCUMENTS UNDER HOBSON'S DIRECTION.

One neglected area of analysis, which relates very directly to the intended "official" status of Government issued documents, is found in a close scrutiny of William Hobson's signature as it appears on the several Treaty documents signed around New Zealand. Obviously, a Government issued contract-compact (Treaty) document had to be accurately worded and bear the authorised signature of the executive representative of the Queen. This would normally be done at the time the document was issued, as the lack of an executive signature, in support of the text and meanings conveyed within the contractual document, would equate to the text having no binding power upon anyone in the Queen's Government. Let's consider the chronology of some historical events involving Hobson in the months of February, March, April and May of 1840.

After the Treaty of Waitangi was signed on the 6th of February, tremendous impetus was invested in getting the Treaty signed all over New Zealand. For these many individual signing ceremonies, in widely scattered districts throughout the circa 1000-mile length of the country, an organised programme had to be devised. Particular Government appointees, well versed in Maori oratory custom and fluent in the language, would travel on pre-planned routes to individual mission station outposts. At these locations they would have the co-operation of the head missionaries, who would make all their resources, human and otherwise, available for conducting Treaty meetings with the district chiefs. Each of the Government appointed emissaries would carry an "official document", signed off as the Treaty contract.

Any document that did not contain the exact Maori text, as appearing on the original Treaty of Waitangi, could not represent the Government in any official capacity. All documents had to be the selfsame worded contract, without variation in language or meaning and signed by the Government executive at the time of issuance to the Government's commissioned appointee. For the chiefs to be enticed to sign the Treaty, it had to have "mana" and a document devoid of the signature of the Queen's official representative would have little or no "mana" and prestige. It would be akin to sending a letter that wasn't signed.

It goes without saying that there would be no "foot-dragging" in the creation of these official hand-written documents. Production of them would have coincided with Reverend William Colenso's production of 200 printed copies of the Treaty in Maori, for distribution to the signatory chiefs at Treaty gatherings throughout New Zealand. These were printed on the CMS Paihia press during the day of February 17th 1840.

It becomes apparent that in the month of February 1840, several scribes, with very acceptable or beautiful handwriting, wrote up at least seven "official" copies of the Treaty for distribution and signing. Each of these was in the Maori language and all were signed by Hobson during February 1840, when each impressive document was completed. This is glaringly apparent, as each document signed by Hobson is in a reasonably steady hand, penned while he was either standing or sitting with the document laid out on a table. All signatures appearing on these seven documents are very comparable to Hobson's (pre-paralytic-stroke) signature, as appearing on the Treaty of Waitangi original document of February 6th.

The month of February was particularly busy for Hobson and he had an exhaustive schedule, which took him both north and south. He'd left the Bay of Islands on February 21st and sailed to the Waitemata (later to become Auckland City and district). Unfortunately, he had a massive stroke on March the 1st, which left him paralysed down his right side. Inasmuch as he wrote right handed, he could no longer sign his signature as before, and between March 1st and March 14th or 15th, he did not attempt to write. On the 14th or 15th of March, while recuperating at the Waimate (Northland) home of Reverend Davis, he feebly tried to write a short letter, in pencil, to his wife in Australia. He'd been returned to Northland on HMS Herald and then had been carried on a litter through the bush to the Waimate Mission Station, arriving there an March 9th. The reins of Government had been handed to Willoughby Shortland who, vigorously, carried on the Treaty signing incentive without delay.

One of the first official acts of Willoughby Shortland was to sign and despatch the "official" Government Treaty document, which was to be carried by Deputy Surveyor of New Zealand, William Cornwallis Symonds, to Manukau, then Waikato Heads and, later, onward to Kawhia. This, therefore, represented a 8th duplicate to the original Treaty of Waitangi and the text was, again, in Maori... as that was the only official language that the documents appeared in for presentation to the chiefs. The document, '...was sent to Captain Symonds under cover of a letter from Shortland on March 13th, two days before Hobson made his first attempt to write' (see Captain William Hobson, by Guy K Schofield, pg. 109).

We have various opinions postulated by historians over the years, as to when the official documents were signed by Hobson or Shortland (either before or after they were signed by the chiefs). It makes little sense to assume that any "official" documents went out unsigned, otherwise they would be utterly lacking in "mana" or authority. Hobson or Shortland must have, realistically, signed each of the "official" Government documents before they were despatched.

This is substantiated, in part, in a letter from Hobson to Reverend Henry Williams, which said: '...treat with the principal native chiefs, in the southern parts of these islands, for their adherence of the treaty.... I have the honour to enclose a copy of the treaty, which I have signed; and to request you will obtain the signatures thereto of such high chiefs as may be willing to accede to its conditions, first explaining to them its principle and object, which they must clearly understand before you permit them to sign....Such presents as may be required will be put on board and placed at your disposal'* (see Hobson's letter to Reverend Henry Williams, 23rd of March 1840, MS 91/75, Auckland Institute and Museum Library).

*After issuing a "Koha", or traditional gift of thanks or respect, to the first signatory chiefs at Waitangi, it would have been an insult to have not offered the "Koha" to all other signatory chiefs around the country. Reverend Maunsell, at Waikato Heads, found out how seriously the chiefs considered this "Koha", when he was forced to proceed with a Treaty meeting, without having on hand official documents or Koha gifts to distribute to the signatory chiefs. The gifts arrived 3-days after the meeting, by which time Maunsell was in a state of "no small anxiety".

Let's see if we can work out what happened by looking at the executive signatures (Hobson or Shortland) appearing on all existing Treaty copies.

Of the seven "Treaty of Waitangi" official documents in Maori (found in Facsimiles of the Treaty of Waitangi, by Turton) six are signed by William Hobson. These include the original on parchment (top left), which was later taken to several other centres; the Tauranga document (top right) carried by James Stack and Reverend Henry Taylor; the Opotiki document (second row left) carried by James W. Fedarb; the Port Nicholson and Queen Charlotte Sound document (second row right) carried by Reverend Henry Williams; the Stewart Island document (entire 3rd row), carried by Major Thomas Bunbury and Edward Marsh Williams; the East Coast document (4th row left) carried by Rev. William Williams and G. Clarke Jnr.

The seventh document (4th row right) was issued to Captain William C. Symonds by acting Lieutenant Governor, Willoughby Shortland on the 13th of March 1840, two days before Hobson made his first attempts at writing a letter to his wife since his paralytic stroke of March 1st. Because Hobson couldn't write, this document had to be signed by Shortland before despatch.

The last signature shown (at the bottom) gives an indication of just how badly Hobson's signature was affected by his stroke...this signature appears on the "unofficial English text document" (the innovated document, used in conjunction with a CMS press printed Maori text). When Reverend Maunsell's document hadn't arrived he had to hurriedly use materials on hand for his meeting. The signatures appearing on the two made up documents were later accepted by Hobson in May and he acknowledged the validity of the signatures appearing on the unauthorised documents by writing his own (post-stroke) signature and attaching his seal.

There is yet another of these beautifully set out documents in existence, penned by Reverend Henry Williams in February 1840. It was pre-signed by Lieutenant Governor Hobson, in anticipation of its being used at signing assemblies, but was never used. For many years it was in the collection of Dr. Neville Hogg of Northland, but is now in another private collection.

The document bears 3 melted red wax seal impregnations of the Colonial Secretary of New Zealand (Willoughby Shortland). Again, Hobson's signature on the document is in a steady hand and exhibits fine penmanship.

One can see from the above examples that Hobson's signatures of February were reasonably similar and consistent, whether written from a sitting or standing position at a table or, perhaps, in his cabin aboard HMS Herald in a moving sea. The evidence strongly shows that the "official" documents (always in Maori) were signed by Hobson before despatch (pre-paralytic stroke) or Shortland (post-paralytic stroke).

The unauthorised English copy that Reverend Maunsell had on hand at Port Waikato was never an official document and was not pre-signed for use in treaty signing assemblies.

The poorly executed signature of Hobson appearing on the solitary English document (post-paralytic stroke) was affixed later to give the signatures (gained by Maunsell and Symonds in April and appearing on two "make-do" pieces of paper) official sanction and validity. It was, however, never the intention to validate the "unauthorised" English text, which Hobson had previously rejected and upgraded to the text appearing on the final draft of the Treaty (Littlewood document). The hurried creation of this "make-do" (dual paper) document by Reverend Maunsell had never been anticipated or officially authorised by the Government. The signatures on it were accepted by the Government only because the chiefs had heard and understood the wording of the Maori text and had affixed their signatures accordingly, starting with the Maori printed text and overflowing onto the unauthorised English one.

Hobson's terribly affected signature, added after Maunsell's "make-do" documents arrived at Government House in May, proves conclusively that this was not a government issued document. This solitary English version that found its way, by mistake, to Treaty signing assemblies was one of the "strange English versions" penned by James Stuart Freeman, who had arrived in New Zealand with Hobson and spoke no Maori. He'd used Busby's 3rd of February rough draft for the Articles, along with one of the early draft Preambles created by himself and Hobson. All of this text was obsolete after February 3rd 1840, when it was superseded by the final draft of the 4th.

The Grievance Industry has utterly discarded the Maori version wording of the Treaty of Waitangi and replaced it with the "$$$much preferred$$$" defective and unauthorised English version of the 3rd of February 1840. They argue that they can legitimately do this because, some Maori signatures ended up on this solitary English copy. What they like about this early draft version is that it gives no rights to anyone but Maori. They stay deadly silent in mentioning that the Maori version says "ki nga tangata katoa o Nu Tirani-and all the people of New Zealand" ...just like the final English draft does. There is no exploitation opportunity whatsoever in wording like that, so the true Treaty has been axed, such that New Zealanders can be held to ransom.


 

 

HOBSON'S SIGNATURES