STORIES OF THE PENINSULA.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 547, 11 October 1881, Page 2

STORIES OF THE PENINSULA.

No. 4.—George Hempleman's Claim.

After his purchase of the Peninsula from Bloody Jack and the other Maori Chiefs, George Hemplemnn appears to have lived quietly at Peraki, making occasional whaling trips, and visiting Sydney to exchange the oil for other commodities. Hβ eeeins 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 found out 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 hie complaint was, that in the first session ever held of the New Zealand Legislative Council, the second ordinance 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 be at once inquired into.

Colonel James Campbell was appointed the Commissioner to investigate the- Middle I-sland claims. Appended is his report on Mr Hernpletnaii's claim :—

No. 39. NEW. ZEALAND. Beporl of the Commissioner appointed to examine and report upon the claims to grants of land under the Ordinance of the Legislative Council of New Zealand, Session 1. No. 2. Claim No. 39. Claimant's name George Hempleman. Address Peraki Bay. natives' names fkom 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 way executed by the above chiefs and others. John Miller and Wili'liu Simpson, examined as witnesses in I. ■ K-?\..j, w0; , .; op- ?;■■> 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 Harbor (as then called) situated on the northern extremity of Ninety Mile Beach, between that harbor and Flea Bay, and from thence as a baso line extending 15 miles inland, or 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 Harbor. (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, nnined the Mary Ann, of about 10 tons burden, previously employed in conveying whale oil and bone from New Zealand to Sydney, a quantity of tobacco, blankets, and other slops, &c. Estimated value of the whole at the time £650. Commissioner of Crown Lands Office, Akaroa, March 3rd, 1853.

Sir,—As J. 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 Hempleman before His Excellency the Governor-in-Chief. I am so dissatisfied with the report I mnde on the 19th March, 1852, upon Mr Hetnpleman'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 bat Mr man'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 fui Government or other purposes, such as Native reserves, &c. As to the hitter I havo been anxiously expecting to hear from yon. I 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 orcontracts to be fulfilled, tins 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 notwithstanding Mr Godley's conveyance of it to Mr Watson, lie (Mr Hempleinnn) still keeps possession of Peraki Bay, and of which, I cone ude, ho is, alonjr with other lands, to have a Crown grant. 'This being'done, of course the remainder of Banks PerririMila* which is not disposed of \y\\\ be at the disposal of the Canterbury Aasocietion.—Yours, etc.,

) J as. Campbell, Commissioner Crown Lands. The Hon. the Colonial -Secretary, , Wellington. P.S.—I think it advisable now to inform yau that soon after I had the honor of receiving yonr letter of the 26th January last, having no hopes of C-iptain Simeon making any communication to me, I con sidered it would Iβ 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 3'ou will acquaint Hi* 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 effwrt to effect an arrangement with Capt. Simeon. But Ido not see, in the present state of the Canterbury Association's affairs, what he can do for the colonists, I, however, feol myself by the task assigned me, both most responsibly and unpleasantly situated. James Campbell, Commissioner of Crown Lai.ds. REPORT. The Commissioner has the honor 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 Hetnpleman made a honafide purchase from the Native Chiefs, whose names are attached to the deed of' sale, forwarded herewith, arid their tribes assembled, of the tract of land the, boundaries of which are given on the other side. RECOMMENDATION. , '' And the Commissioner therefore respectful!) , 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 bo allowed to select the above extent of land in such parts of the said block as may be approved of by the Commissioner. James Campbeli, Commisbio er of Crown Lands. No. 39. George Hempleman. Acres 2650, the extent of land which, under the 6th clause of the Lands 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 tho Natives unanimously admitted the payment they received and the alienation of the lands, of which the following are the boundaries :—" From Mowry Harbor, as then called, situated at the northern extremity of Ninety Mile Beach, between that harbor 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 Harbor." PATE. Purchase was made in 1837, but not completed until 1839. Hequires Crown grant.

DESGIUPTION OF LAND SELECTED PY GEORGE s* HEMPLEMAN.' Peraki Bay 500 acres Flea Bay — 50 ° » Land unappropriated by the situated between German and Robinson's Bays, being within Akaroa Harbor . 650 „ Lnnd unappropriated by the Crown, situated at the headof what is properly, called Akaroa Harbor, and extending on to and including what is usually called parry's Bay 1000 „ T0ta1......... 2650 acres 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 ihe weather become too inclement for surveying operations. f The-surveys, however, can be made in the Spring, or as aoon aa the weather will \ permit. James Campbell, Commissioner of Crown Lands. COPY OF REPORT ON NO. 39.

The Commissioner has the honor to refer his Excellency the Governor in Chief to the investigation,- repent ; lupen 11 *nd favorable recommendation as to George Hemplemnn's claim which he forwarded on the 19tliof March, 1852, and also to his communication, dated the 3rd of March last, upon th« subject. To that communication, as also to the Commissioners whole proceedings in the investigation of George Hemplematfs claiu% he begs again to refer his Excellency. The Commissioner has also the honor to refer to , opinion, dated 15th December, 1852, given : by Judge Stephen, the original forwarded to the Civil (Colonial?) as to George Hemplemen's case in which his Honor!, says, "Unquestionably the contract referred to by you" (in the case submitted to tho Judge for his opinion—a copy of it also forwarded to the Civil Secretary), "if confirmed 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 hie 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 bonafide purchase from the Native Chiefs, whose names were affixed to the deed of sale in the presence of their assembled of the tract of land thrown in the said claim, and tho Commissioner begs respectfully to recommend-in accordance with the 6th clause of the Land Claims ordinance, that Crown grants should be given to claimant of two thousand six hundred and fifty acres (2650 acres)"of the land situated within the block which claimant purchased from the natives as described in claim No. 39. > James Campbell, .- Commissioner Crown Land?, etc. j