Early life in New Zealand

Forsaith established himself as a farmer and trader in the Kaipara District. He bought land in 1839 on the Wairoa River near present-day Dargaville. He was likely to have been the first European settler in the area.^[9] He built a timber mill for cutting Kauri spars, as the British Government was purchasing these at £17 each. He cleared land for wheat and running cattle, which he had to import. By May 1841, he had fenced 12 acres of cleared land, most of it growing wheat.^[4]

While the Forsaiths were visiting Sydney in February 1842, the discovery of a Māori skull on their property caused serious trouble, as Māori chiefs including Te Tirarau Kukupa claimed a tapu and ransacked the station as utu.^[10] An upset Forsaith asked the Governor (William Hobson) for compensation, who sent the Protector of Aborigines, George Clarke, to investigate. Forsaith was cleared of any wrongdoing, and the Māori chiefs settled by giving him a block of land of 10 square kilometres (2,500 acres). Forsaith, still unsettled by the incident, swapped his land holding with another nearer Auckland. Clarke, who had held his role since April 1840, had not visited the Kaipa District before and made recommendations for a magistracy there.^[4][11]

On 30 October 1843, Charlotte Clements Forsaith was born in Auckland; she was their only child. She was baptised on 5 December that year. She married Thomas Morell MacDonald at her father's residence in Khyber Pass Road, Auckland, on 7 January 1862. Their grandson Tom Macdonald (1898–1980) was a New Zealand Member of Parliament for over 20 years. Charlotte died on 12 December 1894 in Invercargill.^[12][13]

Protectorate Department

Hobson, impressed by Forsaith's command of the Māori language and his knowledge of their customs, offered him the role of Sub-protector of Aborigines, which he accepted. Forsaith was thus reporting to Clarke.^[4] They were working in the Protectorate Department created by Hobson, following instructions from the British secretary of state for the colonies. The department's role was "to watch over the interests of the Aborigines as their protector" and had religious, social and intellectual aspects. It was also given a second role, which conflicted with the first; since the Treaty of Waitangi, the Crown was the sole purchaser of Māori land, and the department's role was to action the purchases.^[14] Clarke managed to persuade Hobson to free him of the land purchase role, but it remained within the scope of the Sub-protectors.^[15]

In 1843, Forsaith was promoted to Protector in succession of Clarke. Forsaith worked closely with the second Governor, Robert FitzRoy. They travelled in the Cook Strait area in 1844, and to the Māori meeting at Waikanae following the Wairau Affray near Tuamarina, the first serious clash of arms between Māori and colonists. Forsaith was then stationed in Wellington and witnessed the Te Aro land purchase in February 1844. He negotiated with Te Rangihaeata about the evacuation of land in the Hutt Valley, but the actions of the New Zealand Company and the impatience of the settlers to move onto disputed land resulted in the Hutt Valley campaign. He acted as interpreter for Mathew Richmond, the Government Superintendent for the Southern District, and Bishop Selwyn, the first Anglican Bishop of New Zealand. When the influential chief Te Rauparaha visited Wellington in 1845, he was shown around by Forsaith.^[4]

In 1846, the department was abolished by the next Governor, George Grey, as he wanted to have influence over Māori issues himself. Grey appointed a Native Secretary instead.^[15] Forsaith left Government employment in the following year.^[4]

Business interests

Forsaith opened a drapery store in Auckland's Queen Street.^[16] He had this business from 1847 to 1862. He also edited the Daily Southern Cross newspaper for a while. He became a Justice of the peace in 1857.^[4]

New Ulster Council

The Proclamation of 1852 stipulated that the New Ulster Legislative Council, which had been in place since 1848, was to have twelve elected and six nominated members. Forsaith was asked by a group of electors to become a candidate.^[17] Elections in the Northern Division District were held on 31 August 1852, and Allan O'Neill^[18] (from Bayswater) and Forsaith were returned. The council had not met by the time the New Zealand Constitution Act 1852 arrived, which resulted in the abolition of New Ulster and New Munster provinces and their replacement with new provincial governments and established, a bicameral New Zealand Parliament, consisting of the General Assembly, the Governor, and a legislative council.^[19]

Parliament

Forsaith once again stood for election and he and Walter Lee were returned on 23 August 1853 to the 1st New Zealand Parliament as representatives of the Northern Division electorate, which covered the area north of Auckland but south of Whangārei.^[20]

The Fitzgerald Executive was the first Executive Council under the 1852 Constitution led by James FitzGerald. When it became clear that the first ministers had no power, they resigned as the Executive after seven weeks on 2 August 1854.^[21] Robert Wynyard, the administrator filling in after Grey's departure and before the arrival of the next Governor, Colonel Thomas Gore Browne prorogued Parliament as the members refused to accept his claim that responsible government was not possible without royal assent, which had not been given. In the second session of the 1st Parliament, Forsaith, as a member of the minority which supported Wynyard, was appointed by Wynyard to lead an Executive. The other members of this Executive were Jerningham Wakefield, William Travers and James Macandrew. This appointed Cabinet did not have the confidence of Parliament and lasted only from 31 August to 2 September 1854.^[22] Forsaith's Ministry is the shortest in New Zealand's parliamentary history.^[13][23]

When Browne arrived, he announced that self-government would begin with the 2nd New Zealand Parliament.^[24] No new Cabinet was formed before then, but when it did, responsible government was obtained under the Sewell Ministry led by Henry Sewell.^[23][22]

In the 1855 general election, Northern Division was contested by four candidates. The two incumbents, Forsaith and Lee, stood against Thomas Henderson and Joseph May (who would later become a prominent member of the Auckland Provincial Council^[25]). They received 292, 294, 363 and 213 votes, respectively. Henderson and Lee were thus declared elected, and Forsaith was beaten by two votes.^[26]

Forsaith and Reader Wood contested a vacancy in the City of Auckland electorate.^[27] The nomination meeting on 26 April 1858 sparked little interest. A show of hands was in favour of Forsaith, and Wood called for a poll.^[28] The election was held the next day and Forsaith was elected.^[29] Parliament at the time was in session, and he took the oath on 28 April, being welcomed back by the speaker.^[30]

Wiremu Kīngi, the paramount chief of Te Āti Awa, refused to sell land to the government. When Te Teira, one of the minor chiefs of the tribe, agreed to sell land, many missionaries and a previous Chief Justice, William Martin, warned that the purchase was illegal. The events resulted in the First Taranaki War. Forsaith supported Kingi in Parliament and made himself deeply unpopular, which effectively ended his political career. He retired at the end of the 2nd Parliament.^[4][31]

Forsaith was a deeply religious person, and he gave religious lectures to the public while he was a member of parliament.^[32] During his time in the 1st Parliament, he tried to secure religious toleration. He successfully defeated Hugh Carleton's motion of having Bishop Selwyn's salary paid by the Government, thus preventing the Anglican Church from becoming the one religion endorsed by the state.^[4]