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Tales of Banks Peninsula

No. 3.—George Hempleman and His — Purchase of Akaroa

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No. 3.—George Hempleman and His
Purchase of Akaroa.

In this paper we publish the text of a memorial forwarded in 1843 by the late Mr Hempleman to George Grey, Esq., then Lieutenant Governor of the Colony. As will be seen, Mr Hempleman claims to have been the first purchaser of the greater part of Banks Peninsula, including what was then Wangoolou, but is at present known as Akaroa. It will, of course, be apparent that if these claims had been substantiated, Captain Langlois' subsequent purchase would have been illegal. Of one thing there can be no doubt, and that is —that the Maoris sold the land twice over, and no doubt they would have done the same thing ten times if they had had the chance. Further on will be found the story of George Hempleman and his claims to Akaroa. The following is the memorial referred to:—

To His Excellency George Grey, Esquire, Lieutenant-Governor and Commander in-Chief in and over the Colony of New Zealand, etc.

The Memorial of George Hempleman, of Peracke, in the Province of New Munster, Master Whaler and Mariner.

Humbly Showeth

That your memorialist on or about the month of March, in the year 1837, purchased of certain Natives, the copies thereof, the tract of land hereinafter described, and in the month of November, 1839, when full and complete payment was made to all the parties interested, and at that time assembled for the purpose, received from them a certificate of such purpose, which certificate is in the words and figures following:—

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"November 2nd, 1839.

This is to certify that Captain Hempleman has purchased the extent of land from Bloody Jack as under-mentioned:– From Mowry Harbour south to Flea Bay north, including Wangoolou, as agreed by the under-mentioned, viz., by payment of one big boat, by the name of Mary Ann, including two sails and jib. Extent of land fifteen miles east, south inland.

Signed by
John TuhaWaike.
Toby X Partrigee.
Jackey X White.
Allon X Tommy Roundhead.
Tyroa X.
Kikaroree X.
Walkatowree X. Ahane.
King John X.
Jackey Gay X Bangana X.
And witnessed by
Simon Crawley.
Jack X Miller.
Alfred Roberts.
James X Creed."

That your memorialist has at times been resident on the land so purchased, and has also fenced and cultivated a portion thereof, and also established and worked a whaling station thereon. That the chiefs of and in that neighbourhood have been always, and are now ready and willing to admit the sale of such lands to your memorialist, and his rightful claim thereto.

That on or about the month of April, 1840, your memorialist caused to be addressed a statement to the Colonial Secretary for the Colony of New South Wales, and forwarded the same to Sydney in the same month, in which statement his claim to the said lands was set forth, agreeably with the provisions of a certain Act of the Legislative Council of New South Wales, empowering the page break
Captain Geo. Hempleman.

Captain Geo. Hempleman.

page 57Governor of that Colony to appoint a Commission to examine and report on claims to grants of land in New Zealand.

That some time afterwards, viz., about November, 1842, your memorialist was informed by the Chief Police Magistrate of Akaroa that your memorialist's claim was not among the gazetted claims to land published at Auckland, whereupon your memorialist immediately wrote to the Colonial Secretary at Auckland a letter setting forth his claim, together with a copy of the statement which had been addressed to the Secretary of New South Wales.

That your memorialist received a reply thereto, stating that the claim had not been received in the Colonial Secretary's office, and inviting him to produce any proof in his power that the letter to the Colonial Secretary of New South Wales was actually forwarded at the date specified.

That your memorialist with such invitation obtained a declaration from one Alfred Roberts (the person who wrote the statement to the Colonial Secretary of New South Wales setting forth his claim) of the facts before mentioned. A copy of this declaration is annexed hereto.

That in February, 1840, when Captain Fitzroy was in Wellington, your memorialist addressed a memorial to His Excellency, wherein, after setting forth the facts herein before referred to, he prayed that he would be pleased to take the case into his favourable consideration, and grant your memorialist permission to prove his claim.

That Captain Fitzroy, through his private secretary, replied to your memorialist that the Commission having returned from Banks Peninsula, could not then go again; an officer would inquire into the case.

That no steps whatever or instructions, as your memorialist has been informed, have been taken or issued for the investigation of his claim, the delaying which is to him a source of great loss and anxiety, and

Your memorialist humbly prays your Excellency to permit an investigation to be made into his claim, in order that he may receive a Crown grant upon his establishing a right thereto, or that you will grant to him such relief as page 58under the circumstances may to your Excellency seem meet.

Copy declaration referred to in the foregoing memorial:—

I, Alfred Roberts, of Wellington, in the Province of New Ulster, in the Colony of New Zealand, boatman, do solemnly and sincerely declare that I did in the month of April, in the year 1840, by the request and at the dictation of George Hempleman, then of Perake, in New Munster, in the said Colony of New Zealand, master whaler, write a certain letter setting forth the said George Hempleman's claim to certain Land therein mentioned; and situate in the district of Perake aforesaid, which he, the said George Hempleman, had purchased of certain native chiefs who had declared themselves the owners and possessors thereof, and who hard conveyed the same lands by deed dated November 2, 1839; and, further, that I did direct such aforesaid letter to the Hon. C. Leas Thompson, Colonial Secretary for the Colony of New South Wales, and did forward the same by brig Nimrod, which sailed for Sydney in or about the month of April, in the aforesaid 1840, and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the sixth year of the reign of His late Majesty, entitled an Act for the more effectual abolition of oaths and affirmations taken and made in various departments of the State, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.

(Signed) Alfred Roberts.

Declared and subscribed at Wellington aforesaid, this 15th day of December, in the year of our Lord one thousand eight hundred and forty-three.

(Signed) M. Richmond, C.P.M.

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Examined with the copy memorial and declaration in possession of the Commissioner, Colonel Campbell.

December, 1853.

After his purchase of the Peninsula from Bloody Jack and the other Maori chiefs, George Hempleman appears to have lived quietly at Peraki, making occasional whaling trips, and visiting Sydney to exchange the oil for other commodities. He seems to have seen the occupation of Akaroa by the French with indifference, and to have had no dispute with them whatever about their taking the land. When, however, about the year 1852, he foundout that the Peninsula had been included in the Canterbury Association block, and that the English Government had given that Association some right over the land which he looked upon as his private property, he made a complaint to the Lieutenant-Governor in Auckland that his rights had been infringed. The result of this complaint was that, in the first session ever held of the New Zealand Legislative Council, the second ordnance passed was to the effect that all claims made by persons professing to have purchased lands from the Natives, prior to the English occupation, should at once be enquired into.

Colonel James Campbell was appointed the Commissioner to investigate the Middle Island claims. Appended is his report on Mr Hempleman's claim:—

No. 39 New Zealand.

Report of the Commissioner appointed to examine and report upon the claims to grants of land under the Ordnance of the Legislative Council of New Zealand Session 1. No. 2.

Claim No. 39.

Claimant's name George Hempleman.

Address Peraki Bay.

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Natives Names from whom Purchased or Obtained.

Tuhawaika (or Bloody Jack) and other Native chiefs, with their tribes assembled (see original certificate forwarded), when a deed of sale was executed by the above chiefs and others. John Miller and William Simpson, examined as witnesses in the case, were present on the occasion (see proceedings pages 13, 14 and 15), when the Natives unanimously admitted the payment they received, and the alienation of the land in question, of which the following are the boundaries: —

Boundaries.

From Mowry Harbour (as then called), situated on the northern extremity of the Ninety Mile Beach, between the Harbour and Flea Bay, and from thence as a base line extending fifteen miles inland, or across Banks Peninsula, that is to say, within a nearly square figure, three sides of which are fifteen miles in length, including Wangooloa, now called Akaroa Harbour. (See accompanying map).

Date of Alleged Purchase.

Made in 1837, but completed 2nd November, 1839.

The payment made to the Natives for the land appears to have been a small trading vessel, named the Mary Ann, of about ten tons burden, previously employed in conveying whale oil and bone from New Zealand to Sydney, a quantity of tobacco, blankets, and other slops, etc. Estimated value of the whole at the time, £650.

Commissioner of Crown Lands Office, Akaroa, March 3rd, 1853.

Sir,—As I have nearly concluded my investigation of all claims to land in Banks Peninsula, and as Mr Boys is proceeding as rapidly in the necessary surveys as the difficulties thrown in his and my way will admit of, I have to request, as there is now no necessity for delay in its final adjustment, you will bring the case of Mr George Hemple-page 61man before His Excellency the Governor-in-Chief. I am so dissatisfied with the report I made on the 19th March, 1852, upon Hempleman's claim, and more particularly with what I then recommended to be done for him, that I beg they may be cancelled. And to this I conclude there can be no objection, as His Excellency has not as yet come to any decision as to his case. Therefore, in justice to him, I beg leave to forward another report and recommendation, which I hope will be approved of by His Excellency. As I may now say that all the claims but Mr Hempleman's to lands in Banks Peninsula have been satisfied, I have also to request, in order to obviate the necessity of Mr Boys returning to Akaroa, that I may be authorised to employ him surveying the lands to be appropriated to Mr Hempleman, so that I may be enabled to make out Crown grants of them for him; and, in doing so, I shall take care that there be reserved for town purposes the whole of the available lands in French Farm Bay, and any other lands I may consider necessary for Government or other purposes, such as Native reserves, etc. As to the latter, I have been anxiously expecting to hear from you 1 shall, however, be glad to know as soon as possible if His Excellency would wish me to prevent Mr Hempleman from selecting any of the lands which Mr Godley, though he knew they were subject to claims or contracts to be fulfilled, has conveyed to Canterbury colonists and others, not only in Akaroa, but also in other parts of Banks Peninsula, which are within the block purchased by Mr Hempleman from the Natives. You are aware that not-withstanding Mr Godley's conveyance of it to Mr Watson, he (Mr Hempleman) still keeps possession of Peraki Bay, and of which, I conclude, he is, along with other lands, to have a Crown grant. This being done, of course the remainder of Banks Peninsula which is not disposed of will be at the disposal of the Canterbury Association. —Yours, etc.,

James Campbell, Commissioner Crown Lands.

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The Hon. the Colonial Secretary,

Wellington.

P.S.—I think it advisable now to inform you that soon after I had the honour of receiving your letter of the 26th January last, having no hopes of Captain Simeon making any communication to me, I considered it would be best that I should write myself to him on the subject of it. I forward a copy of my letter to him, and I beg you will acquaint His Excellency that I shall as soon as ever I am able, make known to you the result of the efforts I shall make, in order if possible to make an effort to affect an arrangement with Captain Simeon. But I do not see, in the present state of the Canterbury Association's affairs, what he can do for the colonists I, however, feel myself by the task assigned me, both most responsibly and unpleasantly situated.

James Campbell,
Commissioner of Crown Lands.

Report.

The Commissioner has the honour to report for the information of His Excellency the Governor in Chief that, having carefully considered what is contained in the foregoing proceedings, and the evidence taken in the claim No. 39, he is of opinion that the said George Hempleman made a bona fide purchase from the Native chiefs, whose names are attached to the deed of sale, forwarded here-with, and their tribes assembled, of the tract of land, the boundaries of which are given on the other side.

Recommendation.

And the Commissioner therefore respectfully begs to recommend, in accordance with the 6th clause of the Land Claims Ordinance, that a Crown grant may be given to George Hempleman of two thousand and six hundred and fifty acres of the land situated within the block which he purchased from the Natives. And it is further recommended that George Hempleman should only be allowed to page 63select the above extent of land in such parts of the said block as may be approved of by the Commissioner.

James Campbell,
Commissioner of Crown Lands.

No. 39. George Hempleman.

Acres 2650, the extent of land which, under the 6th clause of the Land Claims Ordinance, the Commissioners are authorised to recommend to be allowed to a claimant.

Title.

Purchased from Tuhawaiki and other Native chiefs, with their tribes assembled, when a deed of sale was executed by the said chiefs and others, and when the Natives unanimously admitted the payment they received and the alienation of the lands, of which the following are the boundaries:—"From Mowry Harbour, as then called, situated at the northern extremity of Ninety Mile Beach, between that harbour and Flea Bay, and from thence as a base extending 15 miles inland, across Banks Peninsula, that is to say within a nearly square figure, three sides of which are each 15 miles in length, including Wangooloa, now called Akaroa Harbour."

Date.

Purchase was made in 1837, but not completed until 1839. Eequires Crown grant.

Description of Land selected by George Hempleman.

Peraki Bay 500 acres
Flea Bay 500 acres
Land unappropriated by the Crown, situated between German and Robinson's Bays, being within Akaroa Harbour 650 acres
Land unappropriated by the Crown, situated at the head of what is properly called Akaroa Harbour, and extending on to and including what is usually called Barry's Bay 1000 acres
Total 2650 acres.
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N.B.—The Crown grants could not be filled up at Akaroa before the Commissioners and Government Surveyor had to leave Banks Peninsula, the winter being too far advanced, and the weather become too inclement for surveying operations. The surveys, however, can be made in the spring, or as soon as the weather will permit.

James Campbell,
Commissioner of Crown Lands.

Copy of Report on No 39.

The Commissioner has the honour to refer His Excellency the Governor in-Chief to the investigation, report upon and favourable recommendation as to George Hempleman's claim, which he forwarded on the 19th March, 1852, and also to his communication, dated the 3rd March last, upon the subject. To that communication, as also to the Commissioner's whole proceedings in the investigation of George Hempleman's claim, he begs again to refer His Excellency. The Commissioner has also the honour to refer to opinion, dated 15th December, 1852, given by Judge Stephen, the original forwarded to the Civil (Colonial?) Secretary, as to George Hempleman's case, in which His Honour says, "Unquestionably the contract referred to by you" (in the case submitted to the Judge for his opinion, a copy of it also forwarded to the Civil Secretary), "if confined by the Commissioner's reports, would take the land as found by the report out of the block granted by the Crown to the Canterbury Association."

The Commissioner having carefully considered what is contained in his proceedings above alluded to, and the evidence taken by him in support of claim No. 39, he is of opinion that the claimant made a bona fide purchase from the Native chiefs, whose names were affixed to the deed of sale, in the presence of their assembled tribes, of the tract of land thrown in the said claim, and the Commissioner begs respectfully to recommend, in accordance with the 6th clause of the Lands Claim Ordinance, that Crown grants should be given to claimant of two thousand six page 65hundred and fifty acres (2650 acres) of the land situated within the block which the claimant purchased from the Natives, as described in claim No. 39.

James Campbell,
Commissioner Crown Lands, etc.

George Hempleman was not at all pleased with Mr. Commissioner Campbell's report. He considered that he had fairly bought the fifteen square miles for which he dealt with Bloody Jack and the other chiefs, and that the Government should give him a Crown grant. He went to Wellington shortly after the report was made public to press his claim, and he refused to accept the 2650 acres in compensation. The Government, as a matter of course, stood by the report of their Commissioner. In the meantime the Government gave instructions to have the 2650 acres surveyed, and Mr Boys was sent instructions to that effect, as will be seen by the following letter:—

Crown Lands Office, Christchurch. August 23rd, 1853.

Sir,—As i am desirous of not interfering with surveys which it may soon be requisite to make up the country, and regarding which I have fully communicated with the Government, I have to request that at your earliest convenience you will be so good as to arrange that the lands shown beneath, situated in Banks Peninsula, may be surveyed for Mr. George Hempleman, of Akaroa, for whom Crown grants of them will as usual be prepared.

Directions will be given to Mr. Hempleman to attend to and point out where, within the localities specified, he may select in blocks the extent of land pointed out, but, of course, you will take care that he is not allowed to interfere with or encroach upon any lands for which you are aware that Crown grants have already been recommended by me to be given to other persons, and I beg you will confine him to page 66Government regulations as regards frontages and all necessary roads, etc., to be reserved for Crown and public convenience.

No. 1—Peraki Bay 500 acres
No. 2—Flat Bay 500 acre
No. 3—Lands unappropriated by the Crown, situated between German and Robinson's Bay, and situated in the Akaroa Harbour 650 acre
No. 4—Lands unappropriated by the Crown, situated at the head of what is properly called Akaroa Bay 500 acre
No. 5—Lands unappropriated by the Crown, situated in what is usually called Barry's Bay and, if necessary, extending from thence towards No. 4. 500 acre
Total 2650 acres

The whole of these lands having been saved from any proceedings whatever of the Canterbury Association, under their first Act of Parliament, 14th August, 1850, you will pay no attention in making the necessary surveys to conveyances of any portions of them to the Church, etc, or to individuals, by the agents of the Canterbury Association.—Yours, etc.,

James Campbell,
Commissioner.

John C. Boys, Esq.,
Government Surveyor.

Before Mr. Boys, however, had time to put the work in hand he was recalled to Wellington, and the matter was left in the hands of Mr. Justin Aylmer, the late Resident Magistrate, who was then Mr Boys' assistant. Mr. Aylmer, however, resigned almost immediately afterwards, and, after some negotiations, Hempleman is said to have signed an agreement that he would take 250 acres where Mr. page 67George Breitmeyer's farm was situated (now the property of Mr G. Armstrong) in German Bay, and 250 acres in Barry's Bay, where Mr. T. L. Kay's property now is, to settle the whole thing. This statement, however, George Hempleman strongly denied, and the Government, as far as we are aware, never produced any documentary evidence that he had done so. Hempleman must have had a certain right to these properties, for they were actually sold for him. The following letter, written by Hempleman to Sir George Grey in 1876, shows his views on the subject, and makes it quite clear that he had not parted with the whole of his claim for the 500 acres in question:—

Wellington, Nov. 16th, 1876.

Sir George Grey.

Sir,—I have the honour to hand you enclosed herein copies of two letters relating to Mr. George Hempleman's claim in Banks Peninsula. The one from Mr. James Campbell to Mr. J. C. Boys states, as you will perceive, the whereabouts of the estate then in the possession of the claimant; the other, written by J.E.Fitzgerald, Esq., and directed to your Excellency, is not very correct in every particular. The writer states that the Commissioner neglected or refused to examine certain individuals, whose evidence would materially effect the case for the prosecution. Such was not the case; nearly all, if not quite all, were examined, including several English and Native witnesses. He also states that the inhabitants of Akaroa sent in a petition against the decision of the Government. Four of the signatures were Messrs Aylmer, Watson, Doyley and D. Watkins. Mr. Golden, Collector H.M. Customs, first started the petition, and the four above named persons possessing fifty acre sections in the town of Akaroa, were afraid that Mr. Hempleman would select their land, hence the petition. Mr. Fitzgerald also states that the claimant was at that time reeling about Christchurch intoxicated. Mr. Hempleman arrived in Christchurch late in the evening, and left again early next morning, allowing very page 68little time to make himself known in that manner.

When Mr. J. C. Boys received instructions from James Campbell, Esq., to lay out the land for Mr Hempleman, he at once made arrangements with the claimant to proceed with it. Unfortunately as soon as arrangements were made, Mr. Boys had to leave for Wellington, and so it was put in the hands of the assistant surveyor, Mr. Aylmer, son of the before mentioned person. He immediately resigned his position, and so the matter fell through. The next thing the claimant heard was that he was to receive 250 acres instead. The claimant also signed the requisition under protest. Sincerely trusting that justice will at last be administered.

I have the honour to be, Sir,
Your very obedient servant,

G. Hempleman,

Sir George replied to this letter from Kawau on December 5th, stating that it was not a matter for him to decide, and referring Hempleman to the Government.

From his earliest residence on the Peninsula, in the year 1835, up till some years after the arrival of the Canterbury Pilgrims, George Hempleman kept a very minute diary of all his doings. A great deal of it consists of unimportant matters, being a record of the everyday work of the men and the state of the weather. There are occasional entries, however, with regard to the squabbles with tbe Natives and his dealings with them, that are of great interest.

He seems to have had a great dislike and contempt for the Maoris. He kept several Native servants, who were practically in a state of slavery, and he used to ill-treat these so badly that the severe thrashings he administered reached the ears of the Government, and on the visit of the Britomart to Akaroa, Captain Stanley, who was in command of that vessel, ordered him on board with the whole of his dependants, and read an official letter to him, warning him against his proceedings, and informing page 69him that if the cruelty were continued, steps would be taken to punish him severely. It is not known whether this remonstrance had very much effect, and no one knew that be had received such a document till it was found after his death amongst his papers. There were, however, some excellent traits in his character He was twice married, his first wife being a German lady, who died at Piraki and was buried there. His second wife, who lived in German Bay with him, suffered severely from illness, being bedridden for many years, and during the whole of that time Hempleman nursed her with a tenderness which surprised those who knew the many asperities of his character. He was born at Altona, the principal city of Schleswig Holstein, in 1799, and died on February 13, 1880, being therefore 81 years of age at his decease. He was a sailor by profession, and, being of humble origin, had to go before the mast, gradually rising till in 1835 he had the command of a whaling brig, which came here on a cruise from Sydney. In that year he left a party of whalers in Peraki, and on his return from Sydney in a few months, be made his celebrated purchase from Bloody Jack and the other Natives, particulars of which I have already recorded.

Hempleman lived in Piraki for many years, but afterwards removed to German Bay. The last few years of his life were spent in the hospital, this matter having been arranged by the Government for his greater comfort. Whilst there he met with an accident, which was undoubtedly the primary cause of his death, for his iron frame would otherwise have enabled him to continue his conflict with the Government up to the present time. It appears that a fellow resident at the hospital named McGregor, in a fit of insanity, seized hold of old Hempleman, pulled him out of bed, and threw him on the fender, giving him a severe shaking, and inflicting other severe injuries. From this time Hempleman never fully recovered, the last days of his life being occupied in preparing his case, which the Government had arranged should be heard before the Middle Island Native Land Purchases Royal Commission, page 70consisting of Messrs T. H. Smith and F. E. Nairn, who were to hold their sitting early in March. Mr. Izard was to have appeared for Mr. Hempleman, but it was destined that before the Court sat he should have passed away. On Friday, February 13, when visiting his old friend M. Malmanche at his orchard, he suddenly fell and expired whilst eating a peach.

Hempleman was a remarkable looking man. Firm determination was expressed in every lineament, from his prominent nose to his iron chin. His frame was a fitting adjunct to such a head, being large, square, and bony, showing a great power of endurance. He was well known all over the provincial district, and was very genial, being fond of company, and never tired of repeating his stories of bygone days. He was very exact in these narrations, seldom varying in any important point. Like most old whalers, he was fond of a glass, and occasionally exceeded, his favourite beverage being rum. He was enthusiastically fond of the sport of pig hunting, and his gaunt figure was usually accompanied by a pair of brindled bull and mastiffs and & long stick. When overcome he lay down for a sleep These dogs would not allow a soul to approach, and sometimes stopped people from passing along the road. One strange peculiarity of his was, that he had totally forgotten his own language, not being able to understand a single word of German, which he must have solely spoken till he was twenty five or twenty six years of age. He was continually travelling to Wellington during the session, to urge his claims, and his figure was nearly as well known in the lobbies of the House as that of the Premier. The Hon. Mr. Mantell was an earnest advocate of Hempleman's claims, and took a great deal of trouble in the matter. During Hempleman's visits to Wellington he used to spend a few days with his friends in Christchurch on the way, and during one of these visits, while resting on one of the parapets of Victoria bridge, he fell into the river, and was locked up for attempted suicide. The police however, soon discovered that Hempleman was not the sort of man to swallow any quantity of cold water volun-page 71tarily, and allowed him to proceed on his way to Lyttelton. He bequeathed his wretched legacy of defeated claims to a grand daughter, named Miss Kate Whelch, who has, we learn, been advised that she has a claim, but understand she has no intention of prosecuting it. So ends the story of George Hempleman's claim.