The Treaty Drafts
Sources: Claudia Orange, The Treaty of Waitangi, 1987, Chapter 3; and,
Ned Fletcher, The English Text of the Treaty in English, 2022, Chapter 18
Until the discovery of the Littlewood document, four extant partial drafts were known. In chronological order of writing: 1) a preamble and three articles in the handwriting of James Freeman, Hobson’s secretary; 2) three articles and a subscription with corrections in the handwriting of British Resident James Busby, which builds on the Freemen draft; 3) a fair copy in Busby’s handwriting of his three articles and concluding subscription, which he submitted to Hobson on 3 February; and 4) a preamble in the handwriting of Captain William Hobson.
Hobson provided a draft in English to Reverend Henry Williams at 4 p.m. on 4 February, for translation into Maori to be read to the chiefs at the meeting the following day, 5 February. The form of that English draft is uncertain, but it comprised a preamble plus the three articles and a subscription.
The ‘official’ text in English, which is included in the Treaty of Waitangi Act 1975, is the Waikato-Manukau text that is one of five extant contemporaneous texts in English dated 6 February. The five texts are quite similar: they comprise Hobson’s preamble (Item 4), and Busby’s fair draft of the articles and subscription (Item 3), with amendments by Hobson further amended to end with the date 6 February (Fletcher p. 317). See Appendix A for a comparison of the ‘official’ English text with the Hobson and Busby draft, which includes the changes made by Hobson.
The preamble of the ‘official’ text and all five 6 February texts differ from Hobson’s preamble (item 4) in two respects: They omit the words “which they may be willing to place under Her Majesty’s Dominion” from Hobson’s draft and the phrase “or may hereafter be” in Hobson’s draft is changed to “or hereafter shall be” in the 6 February texts. The 6 February texts additionally have three minor variations between themselves in the subscription. Their similarity indicates they may perhaps have been taken from a fair copy, which may have been the draft given to Williams to translate into Maori on 4 February. If so, such a fair copy is considered lost.
The Littlewood Document
In 1989, a further text of the Treaty in English was found at the Littlewood family home. It is written in the hand of James Busby and named after Henry Littlewood who provided legal services for James Clendon who provided the paper with the 1833 watermark on which it is written. Historian Claudia Orange said in 1992 “The wording in English follows very closely the wording of the treaty in Maori” (Appendix B), and that “it looked very like a translation of the Maori version of the treaty into English.” (NZ Herald, 12 September 1992)
According to Parkinson (p. 61), Orange also said that, “pending proper identification of the document, any publicity about it would be unwise, as the textual variations from the signed treaty of 6 February would be politically sensitive. The Littlewood document contained no mention of the contentious phrase ‘lands and estates, forests, fisheries and other properties’ but instead used the expression ‘lands, dwellings and all their property’.”
In 2005, Martin Doutré published The Littlewood Treaty, The True English Text of the Treaty of Waitangi, Found (here), in which he claimed that the Littlewood document is the final draft which was translated into Maori. Doutré says, “The Littlewood document’s text mirrors the Maori translation text perfectly throughout, in terms of the sequence of statements, word weight per sentence and the use of synonymous words in each language. Under the strictest criteria one wishes to apply scientifically, the Littlewood Treaty fits the expected profile of the final English draft.” (Appendix B)
A facsimile of the Littlewood document is given by Doutré (here) who says: “The flip side of the sheet bore a signature, William Hobson, Lieutenant Governor and a date written as the 4th of February 1840.”
Doutré points out that Article 2 of the Littlewood document refers “to the chiefs and tribes and to all the people of New Zealand,” which is the same as the Treaty in Maori (ki nga tangata katoa o Nu Tirani), but that the word ‘all’ is absent in Busby’s draft and in the ‘official’ text in English. However, note from Appendix A, that the ‘all’ phrase in the Littlewood document and the Treaty in Maori replaces “the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof,” in both the draft and the ‘official’ English text. Prior to the Treaty the British referred to the Maoris as the people of New Zealand; hence, “all the people,” refers to all the Maori people as one of a number of translation abbreviations of the draft. (The British were not at that time ‘people of New Zealand’.) The Littlewood document consequently has about a third less words than the draft and the ‘official’ English text, which are both about the same.
The only plausible argument for it being a draft is that it is dated 4 February, which is when a final draft in English was agreed by Hobson and given to Reverend Henry Williams for translation into Maori.
Scholarly Appraisals
Dr Phil Parkinson of National Archives confirmed that the writing was that of the former British resident James Busby. Parkinson also claimed that it is a back-translation which was incorrectly dated 4 February instead of 6 February 1840. Parkinson writes (here, pp. 60-4):
“However, on examining the Littlewood document myself, in 2000, I immediately recognised the handwriting as Busby’s. The document is, as shown above, a back-translation from Māori into English, from the printed text in Māori. It is of historical interest but is of no constitutional significance. It is not a draft of the Treaty nor is it a ‘copy’ of it. It is simply a translation of the Treaty, and, as Loveridge might well have observed, not a very good translation, although to call it ‘singularly inept’ is perhaps too strong. The paper on which the Littlewood document is written has a watermark (W TUCKER | 1833) which is also found on other documents prepared by Clendon – including despatch number 6, first page – and it is possible, and even probable, that Busby wrote the translation during a visit to Clendon in the period 17-20 February (i.e. between Colenso's printing and the date of the despatch) using Clendon's paper stock.”
Parkinson also records the provenance of the back-translation (p. 31):
“A ‘literal’ translation of Hobson's text into Māori was not achievable by Henry Williams – and probably not by anybody. The very idea of ‘literal translation’ is suspect, as any translation involves some element of interpretation. Henry Williams was quite well aware of that and Claudia Orange [Treaty of Waitangi, 1987, pp 39-40] acknowledges as much, when she quotes Henry Williams himself as saying: ‘In this translation it was necessary to avoid all expressions of the English for which there was no expressive term in the Maori, preserving the entire spirit and tenor of the Treaty.’ As Orange notes, such words suggest that Henry Williams deliberately recast the wording to better express the intended sense ‘as translators often do’. But he also had the opportunity to modify the draft English text prior to translating it, so as to make the subsequent translation easier. Hobson, between 6 February and 12 February (the date of his despatch to Gipps) provided not only a Māori text but also an authenticated English-language text. This authenticated text is in Freeman's hand, but is signed by Hobson and by Henry Williams, and bears the annotation ‘I certify that the above is as literal a translation of the Treaty of Waitangi as the idiom of the language will admit of. [signed] Henry Williams’ (this is a genuine Williams signature); it was produced to accompany the Martha copy of despatch no. 40/8, by which time the collection of signatures stood at 52 from Waitangi and 78 from Hokianga, gathered on or before 12 February.”
He also says how simplifications were included in back-translations (p. 35):
“But the agreed English version had been simplified at the point of translation. The formal reference to the Royal Style (correctly ‘Victoria, Queen of the United Kingdom of Great Britain and Ireland’) was altered, when translated, as ‘Wikitoria, te Kuini o Ingarani’ (ie ‘Victoria the Queen of England’). The same simplified form of the Royal Style appears in the English text of the articles themselves. But many other simplifications were also made, and the character of these simplifications can readily be established from half a dozen back-translations from the Māori text into English which appeared in the next few years. These are given in the Appendix as documents 7-13.”
Professional historian Donald Loveridge was commissioned by the Treaty of Waitangi Information Unit to do a review of the publications by Doutré and Parkinson. In response, Loveridge prepared “The ‘Littlewood Treaty’: An Appraisal of Texts and Interpretations” in 2006 (here). Loveridge agreed it was written by Busby, and concluded that it was a back-translation:
“As can be seen, this text ends with the statement, “Done at Waitangi on the 4th Feb 1840”. To the best of our knowledge, it was on February 4th that a final English text of the proposed Treaty was completed, this being transformed into a Maori text by the Rev. Henry Williams (assisted by his son Edward) in preparation for the meeting at Waitangi on the 5th. … This is the sequence of events laid out by Dr. Claudia Orange in her study The Treaty of Waitangi, which largely follows that given in Ruth Ross’s seminal 1972 article “Te Tiriti o Waitangi: Texts and Translations”. Both Mr. Doutré and Dr. Parkinson accept this basic chronology…”
“The possibility thus arises that the Littlewood document was Busby’s personal copy (or, perhaps, a copy of his original copy) of the final English draft handed over to Henry Williams. Further, we can be certain that the version of the English text used in the Littlewood document was in existence before February 20th, 1840. As noted above, an English text of the Treaty which was virtually identical to that given in the Littlewood document – save that the last line read “Done at Waitangi on the Sixth day of February in the year of our Lord One Thousand Eight Hundred & Forty” – was attached to a despatch bearing that date sent to the American government by J.R. Clendon. [Appendix B]
“Appended to this English text, however, was a note by Clendon:
‘Memo:
‘This Translation is from the Native Document and 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 of 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.’
[signed] James R Clendon”
“In other words, according to Clendon himself the text used was simply a ‘back-translation’ (to use Dr. Parkinson’s technical phrase) of the Maori text. If this description is correct, it would of course scuttle any idea that the English text given in the Littlewood document could be the lost final English draft, and would also lead one to conclude that the ‘4th Feb.’ date on the Littlewood variant of the document was the result of some kind of mistake. If Clendon’s description was not correct, however – for whatever reason – the possibility would remain that the date was used intentionally, and that the Littlewood document is in fact a copy of the missing draft.”
Whether the Littlewood document is a draft or a back-translation has given rise to some debate, because it has political ramifications. That is because it does not include the Article 2 phrase ‘estates forests fisheries’ which are included in the ‘official’ English text included in the Treaty of Waitangi Act 1975.
I will not pursue the ‘estates forests fisheries’ issue here, but instead develop a resolution to the question of whether the Littlewood document is a draft or a back-translation.
It is curious that Ned Fletcher did not mention the Littlewood document in his English Text book. Nevertheless, he did say (p. 483): “There are a cluster of English texts of the Treaty associated with the United States Consul, James Reddy Clendon. All are back-translations of the Maori text but some correspond so closely to the English draft as to suggest that they are not true translations.” So, perhaps Fletcher considers the Littlewood document to be a back-translation, as it originally came from Clendon.
Given the interest the Littlewood document has generated, it would have been useful had Fletcher indicated where it fits into his account, or how it does not. If Fletcher was trying to avoid the Littlewood document, he instead made it conspicuous by its absence.
Fletcher does, however, supply a facsimile of the draft ‘fair copy’ (here) which Busby submitted to Hobson on 3 February that includes the Article 2 phrase ‘Estates, Forests Fisheries’ which is in the ‘official’ English text, but not in the Littlewood document (Appendix A). He says it was this fair copy that was used for the translation and that “One explanation for the omission of reference to ‘forests’ and ‘fisheries’ in the Maori text is that Henry and Edward Williams simplified the English draft in article 2, as they did in other parts of the Treaty. … ‘Forests’ and ‘fisheries’ aside, there does not appear to be any dispute that the text of the articles translated by Henry and Edward Williams was given in the Busby fair copy draft…” (p. 323).
The Translation Transformation
You can see in Appendix A that the draft prepared by Busby and Hobson is quite similar to the ‘official’ English text which is included in the Treaty of Waitangi Act 1975, and that they are significantly different to the Littlewood document which has about a third less words. I think it unlikely that Hobson, having gone to the trouble of developing the draft would have so drastically cut it down in the short time between receiving it from Busby and giving it to Williams for translation. Why would he have done that?
It is more likely, that Williams simplified the draft and reduced it for the purpose of translating it into Maori. It is not possible that a draft in English could have the same meaning when translated into Maori. They were two different languages from two different cultures. Hence, there were words in English which did not have the same meaning and connotations as comparable words in Maori, such as ‘property’ and ‘taonga’; as could be expected with two European languages, such as English and German. The same applies with a back-translation from Maori into English.
So also Bruce Biggs, “Humpty Dumpty and the Treaty of Waitangi,” in Kawharu, Waitangi, 1989. Biggs offers a somewhat different argument, but he concludes (p. 310):
“After what may have seemed a rather nit-picking examination of the text of te Tiriti, the question may be asked whether it is in any reasonable sense equivalent to the Treaty. The answer has to be ‘no’, not just because its language is stylistically and grammatically awkward, but because the words chosen to translate crucial terms in the Treaty are not equivalent, either because they mean something else, or because the Maori words are more general and less precisely defined than the English.”
Hence the ‘official’ English text is the Hobson and Busby draft which was developed both as a record of the offer for the British and a draft to be simplified, reduced and translated for agreement by the Maori chiefs. So, the Littlewood document is different to the ‘official’ English text because the ‘official’ document has been translated from English to Maori (a word reduction of about a sixth) and then back-translated from Maori to English (another reduction of about a sixth).
Therefore,
“...it is impossible to regard the Maori version [of the treaty] as quite complete, although it carries the highest authority, nor the English ones as authoritative, although they are far more explicit.”
D.F. McKenzie (1985), quoted in Paul Moon, Hobson: Governor of New Zealand 1840-1842, p. 109.
What Happened
Soon after he arrived on 29 January 1840, Hobson assembled about him a treaty working-group, including British Resident James Busby, Reverend Henry Williams, secretary James Freeman, US Consul James Clendon, Reverend Richard Taylor, Reverend Alfred Brown, George Clarke and printer William Colenso, all of whom had at least some Maori. There are records of them variously meeting from 2 to 6 February at Busby’s cottage at Russell, Clendon’s house at Okiato and aboard H.M.S. Herald.
At 4 p.m. on 4 February Hobson provided the drafts in English to Williams who wrote out the translation overnight so he could read it to the chiefs at 10 a.m. the following day, 5 February. Williams had already discussed with the group, including Hobson and Busby, how they would translate the completed draft while the drafts were being prepared, especially at their meeting on the evening of 3 February, when Busby made his ‘fair copy’. In making the translation Williams abbreviated the text into intelligible Maori without the British legalese. What we now call Hobson’s preamble and Busby’s ‘fair copy’ was for the British the offer in the terms and requirements of their administration which Hobson copied into four subsequent dispatches to his superiors. The group discussed what they understood the translated Maori text then meant in colloquial English and Busby wrote it out with a date of 4 February, the night the translation was completed.
If you take the view that Busby wrote the Littlewood document on 4 February as a simplified final draft for translation by Williams also on 4 February, the purpose of that revision would have been to align it with Maori language; a back-translation. In practice, Busby, Williams and others would have taken the opportunity to develop suitable English between themselves as the ‘official’ English draft was being developed, so that by 4 February Williams had a Maori translation in mind and Busby had what was effectively an English back-translation intended to fit the Maori translation. It was no longer the ‘official’ text in English, but a version revised according to a Maori text it is purported to translate.
Busby submitted the back-translation in English to Hobson, who had no Maori, and it was certified with Hobson’s signature, presumably before Williams read it to the chiefs on the morning of 5 February and surely before Clendon’s dispatch of 20 February.
That then is a translation and a back-translation by members of the same group at the same time, which is why writers including Orange and Doutré claim the Littlewood document is close to the Maori translation (Appendix B). Busby dated it 4 February, because it was done on the night of 4 February, and Clendon claimed it was an English translation of the Maori Treaty signed on 6 February, which it was. The Littlewood document is what Busby understood Williams’ translation into Maori of Busby’s ‘fair copy’ draft meant in English.
It is difficult to see how it could have happened any other way, particularly as it resolves the dating problem and does not require a supposedly ‘missing’ draft. The Littlewood document in English is close to the Treaty in Maori because they were done together.
Why This Matters
It doesn’t. The Treaty was an agreement between the Crown represented by Hobson and the Maoris represented by their chiefs. Few of the chiefs had English and could not have understood the ‘official’ English version included in the Treaty of Waitangi Act 1975 and so it could not have been a part of the 1840 agreement. What matters to understand the Treaty of Waitangi is the Treaty in Maori which was read to the chiefs by Williams on 5 February, together with the oral explanation given by Hobson and translated by Williams.
There should not have been a text in English included in the Treaty of Waitangi Act 1975, it only provides spurious uncertainty.
The Treaty contributes to an understanding of where we have come from which provides an indication of our present direction. But it is also being unscrupulously used to further racial advantage in New Zealand. That is dividing our society into two groups according to race and reducing the social cohesion which we need to make our democracy and our economy work.
It is not possible that those who wrote the Treaty in any language could have accounted for the situation we have today. We now need to consign the Treaty to history and act in our best interests according to our present situation and with consideration for our future, as far as we can envision it.
Barrie Davis is a retired telecommunications engineer, holds a PhD in the psychology of Christian beliefs, and can often be found gnashing his teeth reading The Post outside Floyd’s cafe at Island Bay.
APPENDIX A. Hobson/Busby Draft, ‘Official’ English Text and Littlewood Document
Hobson/Busby Draft [1] (599 words) | “Official” English [2] (563 words) | Littlewood [3] (381 words) |
Her Majesty Victoria Queen of the United Tribes Kingdom of Great Britain and Ireland regarding with Her Royal Favor the Native Chiefs and Tribes of New Zealand and anxious to Protect their just Rights and Property and to secure to them the enjoyment of Peace and good order, has deemed it necessary, in consequence of the great number of Her Majesty’s Subjects who have already settled in New Zealand and in the extensive Emigrations and are still accumulating in the land and the rapid extension of Emigration both from Europe and Australia which is still in progress, to constitute and appoint a Functionary properly authorized to Treat with the aborigines of New Zealand for the recognition of Her Majesty’s Sovereign authority over the whole or any part of those Islands which they may be willing to place under Her Majesties Dominion.. Her Majesty therefore being desirous to establish a settled Form of Civil Government with a view to avert the evil consequences which must result from the absence of necessary Laws and Institutions alike to the Native Population and to Her Subjects has been graciously pleased to empower and to authorize me William Hobson a Captain in Her Majesty’s Royal Navy, Consul, and Lt Governor of such Parts of New Zealand as may be, or thereafter shall be, ceded to Her Majesty to invite the Confederated & Independent Chiefs of New Zealand to concur in the following articles & Conditions. | HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty’s Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty’s Sovereign authority over the whole or any part of those islands – Her Majesty therefore being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the native population and to Her subjects has been graciously pleased to empower and to authorize me William Hobson a Captain in Her Majesty’s Royal Navy Consul and Lieutenant Governor of such parts of New Zealand as may be or hereafter shall be ceded to her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions. | 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 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. – |
First Article The Chiefs of the Confederation of the United Tribes of New Zealand, and the separate and Independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of Sovereignty which the said Confederation or individual chiefs respectively exercise or possess, or may be supposed to exercise or possess in their respective territories, as the sole Sovereigns thereof. | Article the First The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective Territories as the sole Sovereigns thereof. | 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. |
Second Article Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof, the full exclusive and undisturbed possession of their Lands and Estates, Forests Fisheries and other properties, which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession. But the chiefs of the United Tribes and the individual chiefs yield to Her Majesty the exclusive right of preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them in that behalf. | Article the Second Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf. | Article second The Queen of England confirms and guarantees to the chiefs and the tribes and to all the people of New Zealand the possessionof their lands, dwellings and all their property. But the chiefs of the Confederation of United Tribes and the other chiefs grant to the Queen, the exclusive right of purchasing such land 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. |
Third Article In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her Royal protection, and imparts to them all the rights and privileges of British subjects. | Article the Third In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects. | Article third In return for the cession of their 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. – |
[Space for the signature of William Hobson] | W HOBSON Lieutenant Governor. | Signed, William Hobson Consul and Lieut. Governor. |
Now therefore we the chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi on the fifth day of February in the year of our Lord One thousand Eight Hundred and forty [removed] And we the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the provisions of the foregoing treaty, accept and entre into the same in the full spirit & meaning thereof In witness of which we have attached our Signatures or marks at the places and dates respectively specified. Done at Waitangi this fifth day of February in the year of our Lord One thousand Eight hundred and forty. | Now therefore We the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof: in witness of which we have attached our signatures or marks at the places and the dates respectively specified. Done at Waitangi this Sixth day of February in the year of Our Lord One thousand eight hundred and forty. | Now we the chiefs of the Confederation of 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 of February, 1840 |
[Place for the signatures or moko of the chiefs] | | |
Notes
1. For the Hobson/Busby Draft the Preamble was written by Hobson (4 February 1840) and the three Articles and subscription were written largely by Busby and provided to Hobson 3 February 1840. The text given here includes the changes Hobson made to Busby’s ‘fair copy’ draft, as given by Fletcher, p. 317.
Facsimiles of Hobson and Busby Drafts are available here:
Hobson’s Preamble, 4 February 1840
AGCO 8341, IA9 9/10, ANZ, 1f, 1b, 2f, 2b
A preamble in Hobson’s handwriting.
Published by Reverend Henry Hanson in 1877.
Page 1 https://www.treatyofwaitangi.net.nz/TreatyDrafts1.html
Page 2 https://www.treatyofwaitangi.net.nz/TreatyDrafts2.html
Page 3 https://www.treatyofwaitangi.net.nz/TreatyDrafts3.html
Page 4 https://www.treatyofwaitangi.net.nz/TreatyDrafts4.html
Busby’s Fair Copy, 3 February 1840
AGCO 8341, IA9 9/10, ANZ, 5f, 5b, 6f, 6b
Three articles and a subscription in Busby’s handwriting.
Published by Reverend Henry Hanson in 1877.
Has changes by Busby and Hobson.
Page 1 https://www.treatyofwaitangi.net.nz/TreatyDrafts9.html
Page 2 https://www.treatyofwaitangi.net.nz/TreatyDrafts10.html
Page 3 https://www.treatyofwaitangi.net.nz/TreatyDrafts11.html
Page 4 https://www.treatyofwaitangi.net.nz/TreatyDrafts12.html
2. Claudia Orange, The Treaty of Waitangi, 1987, p. 260
“Hobson sent four copies of the treaty to his superiors:
“1. An English-language copy in Hobson to Gipps, 5-6 February1840, CO 209/6, 46-54.
“2. An English-language copy in Hobson to Gipps, 16 February 1840, CO 209/7. 13-15.
“3. English and Maori treaties enclosed in Hobson to Russell, 16 October 1840, CO 209/7, 178. The treaty spans two pages with the Maori on the left and the English on the right. A title at the top simply reads ‘Treaty’ and seems to apply to both. At the foot on the left it says ‘signatures taken off’ and on the right notes that there were 512 signatures. The dispatch says that it was a ‘certified’ copy. When it was printed in GBPP, 1841, (311), pp. 98-99, ‘Treaty’ was placed over the Maori text and ‘(Translation)’ over the English.
“4. Hobson to the Secretary of State for Colonies, 26 May 1841, enclosed the treaty in Maori and signatures of the Manukau-Kawhia treaty copy. This was printed in GBPP, 1841, (569), pp. 110-11.”
3. R.S. Bennett, Treaty to Treaty, “Treaty of Waitangi: English Translations,” 2007, p. 185.
“On 20 February 1840 James Clendon, United States Consul at the Bay of Islands, sent to John Forsyth, the United States Secretary of State at Washington D.C., copies of Hobson’s two proclamations of 30 January 1840 (see Vol. 3), a copy of the Treaty of Waitangi printed by William Colenso and an English translation of it, which is set out below. He did not name the translator, which probably led Forsyth to conclude it was Clendon himself. Clendon explained (ACCL. ‘United States Consular Despatches 27 May 1839 - 3 November 1846.’ Micro. 11):
‘This translation is from the Native Document and 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 of Capt. Hobson from the Southward I shall apply officially to him for a Copy and translation of the Treaty for the purpose of sending to the Government of the United States.’”
APPENDIX B. Maori, Littlewood and Clendon Back-translation
Maori, 4 February [1] (474 words) | Littlewood, 4 February [2] (381 words) | Clendon, 6 February [3] (389 words) |
KO WIKITORIA te Kuini o Ingarani i tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga me to ratou wenua, a kia mau tonu hoki te Rongo ki a ratou me te Atanoho hoki kua wakaaro ia he mea tika kia tukua mai tetahi Rangatira – hei kai wakarite ki nga Tangata maori o Nu Tirani – kia wakaaetia e nga Rangatira Maori te Kawanatanga o te Kuini ki nga wahikatoa o te wenua nei me nga motu – na te mea hoki he tokomaha ke nga tangata o tona Iwi Kua noho ki tenei wenua, a e haere mai nei. Na ko te Kuini e hiahia ana kia wakaritea te Kawanatanga kia kaua ai nga kino e puta mai ki te tangata Maori ki te Pakeha e noho ture kore ana. Na kua pai te Kuini kia tukua a hau a Wiremu Hopihona he Kapitana i te Roiara Nawi hei Kawana mo nga wahi katoa o Nu Tirani e tukua aianei amua atu ki te Kuini, e mea atu ana ia ki nga Rangatira o te wakaminenga o nga hapu o Nu Tirani me era Rangatira atu enei ture ka korerotia nei. | 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 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. – | 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 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. |
Ko te tuatahi Ko nga Rangatira o te wakaminenga me nga Rangatira katoa hoki ki hai i uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu – te Kawanatanga katoa o o ratou wenua. | 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 the 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 Sovereignty of the Country. |
Ko te tuarua Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangitira ki nga hapu – ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te wakaminenga me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te Wenua – ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona. | 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 of United Tribes and the other chiefs grant to the Queen, the exclusive right of purchasing such land 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 the Second 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. But the Chiefs of the Confederation and the other chiefs grant to the 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 persons appointed by the Queen to purchase from them. |
Ko te tuatoru Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini – Ka tiakina e te Kuini o Ingarani nga tangata maori katoa o Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani. | Article third In return for the cession of their 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. – | Article the 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 | Signed, William Hobson Consul and Lieut. Governor. | Signed, William Hobson Consul and Lieutenant-Governor. |
Na ko matou ko nga Rangatira o te Wakaminenga o nga hapu o Nu Tirani ka huihui nei ki Waitangi ko matou hoki ko nga Rangatira o Nu Tirani ka kite nei i te ritenga o enei kupu, ka tangohia ka wakaaetia katoatia e matou, koia ka tohungia ai o matou ingoa o matou tohu. Ka meatia tenei ki Waitangi i te ono o nga ra o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki. | Now we the chiefs of the Confederation of 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 of February, 1840 | Now we the chiefs of the Confederation of United Tribes of New Zealand assembled at Waitangi, and We the other Chiefs of New Zealand having understood the meaning of these Articles, accept 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. |
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Notes
1. The Maori text is from the parchment signed by the chiefs on 6 February, which was copied by Reverend Richard Taylor from the translation made by Henry Williams and his son Edward, February 1840. The Williams’s original translation on paper is lost. The text is reproduced as it was written, except for the heading above the chiefs’ names: ko nga Rangatira o te Wakaminenga. It is the same as that given by H.I. Kawharu in Waitangi: Maori and Pakeha Perspectives of the Treaty of Waitangi, 1989, p. 316
2. The Littlewood document is an English text of the Treaty of Waitangi in the hand-writing of British Resident James Busby, dated 4 February 1840. In 1989, this previously unknown text Treaty was found at the Littlewood family home in Pukekohe, signed by Governor William Hobson, dated 4 February 1840. It is on paper with an 1833 watermark which was probably supplied by James Clendon.
3. The Clendon, 6 Feb text is that of an English back-translation of the Treaty of Waitangi in Maori, dated 6 February 1840, which James Clendon, United States Consul at the Bay of Islands, included in a 20 February 1840 dispatch to John Forsyth, the United States Secretary of State at Washington D.C. Clendon did not name the translator, but wrote, “This translation is from the Native Document and not a copy of the official Document in English from which the Native one is made…”
REFERENCES
Ruth Ross, Te Tiriti O Waitangi: Texts and Translations
Martin Doutré, The Littlewood Treaty, The True English Text of the Treaty of Waitangi, Found, 2005.
https://www.treatyofwaitangi.net.nz/TreatyBook/Precis.htm
Dr Phil Parkinson, “Preserved in the Archives of the Colony: The English Drafts of the Treaty of Waitangi,” 2005.
Donald Loveridge, The “Littlewood Treaty”: An Appraisal of Texts and Interpretations, 2006.
https://nzmw.nz/The-Littlewood-Treaty_Donald-Loveridge-(2006).pdf
Ned Fletcher, The English Text of the Treaty of Waitangi, 2022.
Mike Butler, The Treaty: Basic Facts, 2022
I.H. Kawharu (ed.), Waitangi: Maori and Pakeha Perspectives of the Treaty of Waitangi, 1989.
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