THE LATE MR. JUSTICE CHAPMAN

New Zealand Mail, Issue 1651, 21 October 1903, Page 2

THE LATE MR. JUSTICE CHAPMAN

UNVEILING OF AN OIL PAINTING. A VAR ILL CAREER. There was an exceedingly largo m’isxer of the Wellington Bar in the Court of Appeal on the 12th inst. to witness the unveiling of an oil painting of the late Air Justice Chapman. The work, wli-ieh is mounted in a handsome gilt frame, occupies a position on the lefthand side of the lien oh alongside the portrait of Sir James Prendergast. It was executed by Air J. M. Nairn to the order of the Wellington Law Society. At 11 o’clock the Chief Justice, Justices Williams. Denniston, Edwards, Cooper and Chapman took tlieir seat's on the Bench. AIR BROWN’S ADDRESS. Air Baleombo Brown, president of the Wellington Law Society, rising in the front row of the Bar seats, his colleagues also standing, addressed the Chief Justdee, and requested him to unveil a portrait which the Law Society had had painted of the late Air Justice Chapman. ITe explained that tire cost of the painting had been defrayed out of a fund which the society had in the old days when subscriptions were required, and the residue of which had been set apart for special purposes when the collection of subscriptions ceased. It was felt that the fund could not be devoted to any better purpose than perpetuating in such a manner the names of distinguished members of the profession who had occupied the Bench. As a result, the portraits of the late Chief Justice and Air Justice Richmond were painted, and the society had now decided to add the portrait of the late Air Justice Chapman, who was the first Judge to preside at a Court in Wellington: It was a hapy coincidence that sixty years after they should have the pleasure of asking the Chief Justice to unveil this portrait, and at the saaue time -see the late Mr Justice Chapman’s son take his seat for the first time cn the Appeal Court Bench. The speaker proceeded to give the following account of the life of the late Judge:— AN INTERESTING CAREER.

Honr3 T Samuel Chapman was born at Kenning ton, in Surrey, in 1803. His fattier was an official of the English Civil Service, who served in the Barrdch Department for thirty-five years, and lived until 1863, when he died at the age of ninety-four. Air Chapman was originally destined for a commercial career, and Avent out to Canada as a merchant before he had attained his majority. After carrying on business there for a number of years he took to journalism.. About 1832 he entirely gave up his mercantile business at Quebec, and moved to Montreal, where, in conjunction with Mr Samuel R,evans, still well remembered in this district, he founded the “ Montreal Daily Advertiser,” the first daily paper published in British North America. After a varied and somewhat stormy career in Canada, he left for England in 1834, having been chosen by a secret convention of the Liberal majority of the House of Assembly, then in recess, to represent them in the Home Country. Here his principal duty was to ventilate the grievances of the Canadas in the English press. This lead to a connection with the great journals of the day, and Mr Chapman became a contributor to several of them, as well as to the periodical press, notably the “ Westminster Review.” Liberal -winters of that day found numerous topics in the shape of burning questions. Air Chapman became an ardent advocate for the freedom of the press from the restraints of the stamp laws, and one of the numerous literary allies of Richard Cobden in the anti-corn law campaign. He had formed a friendship in Canada with Air Roebuck. and at a still earlier date had become an intimate friend of John Stuart Mill, when both were very young men. Hiis then occupation brought him into close contact, not only with Oobden, hut with all the active reformers of the time. It was in conjunction with Chapman that Roebuck published his oncefamous “ Pamphlets for the People,” the former appearing as a contributor in every issue. In Canada Air Chapman studied for the local Bar while pursuing his journalistic career; and had nearly completed his education in French law when he left the country. He now studied for the English Bar, to which .at the somewhat late age of thirty-seven he was called in June 1840. In the same year he married Catherine Brewer, one of the numerous daughters of an English barrister, whose two brothers, Charles and 7 William, also barristers, subsequently made their way to New Zealand, Charles Brewer later .became a County Court Judge in Victoria, and one of his sons is Registrar of the Supreme Court at Auckland. Mr Chapman picked up a few trifles in the shape of sessions practice, but never attained the dignity of holding a brief in a superior Court. Between his pen and his sessions work he made a living, but the failing health of his wife induced him to look cut for a colonial career. This presented itself in the shape of an offer of N >ew Zealand Judgeship, the Government having determined to appoint a Judge to reside at Wellington. Apart from legal attainments Air Chapman’s

connection with New Zealand caused the fitness of his appointment to be generally recognised. He was one of

the actual founders of the colony, having been closely associated with Edward Gibbon Wakefield, and from 1839, a date anterior to the proclamation of the Queen’s sovereignty, lie had advocated the colonisation of New Zealand in the English press, an d had FOUNDED THE “ NEW ZEALAND JOURNAL”

for this express purpose. He had for some years acted as standing counsel for the New Zealand Company and the nature of his attainments as a constitutional lawyer may be fairly appreciated by lawyers who will take the trouble to peruse his judgment delivered a few years later in the case of Regina v. Simmons, referred to with respect by the Privy Council in Tamaki v. Baker. Alany of his friendls had preceded him in going to New Zealand. AA it bout much effort one may recall the names of Selwyn, Martin, Wakefield, Dillon, Bell, Re vans, Dr Evans and many others. Perhaps it savours of ingratitude to mention these, as they are but a few of those whose names should be cherished for all time by colonists who reflect on the circumstances of our early history. The spectacle was in truth unique. A colony had been founded at a greater distance from Home than had ever yet been attempted, and then twelve or fifteen thousand adventurous colonists had settled on a fringe of coast-line in the vicinity of a warlike people, who might at any time become hostile. Who were these colonists ? There is not a trace of the buccaneer, the frontiersman, or the military .adventurer, but the society everywhere permeated with a literary spirit, and the degree of mental culture in the new settlement, despite the primitive conditions, was a-s high as in the Old Country. Naturally, one might expect a lack of that hardihood which : s considered essential to the work of pioneering. The very reverse is the case. From that day to the day when New Zealand anticipated the military authorities of the Central State by despatching her first assistance to assist a colony twelve hours before the Mother Country, she has never been behindhand in enterprise. Her very first men were men capable of all that colonists could be called upon to perform, and Air Chapman was a typical member of that society. To’this colony lie sailed in June, 1843 with his young wife and one' infant son. Jn accordance with the spirit of the time, this was a six-months’ voyage. Captain Fitzroy, the second Governor of New Zealand, went out in the same ship, which called at Bahia, the Cape and Sydney, making a long stay at each place. On arrival at Auckland Air Chapman was sworn in as a Judge on 26th December, 1843. Almost exactly sixty yeans afterwards, his son horn in the colony, received his commission as a Judge of the saame Court at Wellington under widely different conditions. Of Air Chapman’s carter in New Zealand little need be said; a Judge’s career does not call for much not’ee. Extra judicial circumstances were sometimes interesting. A circuit to Taranaki involved a walk of 300 miles in a new country. Air Chapman continued his literary contributions to .the English press occasionally. His article on “ Earthquakes ” in New Zealand in the “ Westminster Review ” is quoted to this day. In those days the civil and judicial services throughput the Empire were practically one service, and Mr Chapman’s father was tempted to accept for his son an offer of promotion from the infant colony of New Zealand to the great penal colony ci Van Diemen’s Land. Air Chapman did not care to repudiate the acceptance, and in 1852 be sailed for that colony with his wife and six children. His career there was short and stormy. - HIS DISPUTE AVITH GOVERNOR DENNISON

on the subject of transportation is nearly forgotten, but it made a deep impression on all colonists of that period. It resulted in loss of office, and Mr Chapman, taking his eldest son with him. two years afterwards landed in Melbourne, then in the commencement of its career of greatness. Here he practised at the Bar for over nine years. He was elected a member of the Legislative Council under the old regime, and after the advent of the constitution was several times elected to Parliament. During this period he twice held the office of Attorney-General. In the intervals he twice occupied the position of law lecturer at the Alelbourne University, and for a short time occupied a seat on the Supreme Court Bench, during the absence on leave of Sir Redmond Barry. Mr Chapman was the inventor of the mechanical device now known to the world as the Australian Ballot. Mr Nicholson, who carried the principle of the ballot in the old Council, was unable to draw the necessary clause, and Mr Stawell, the Attorney-General, had absolutely refused to do it. Mr Chapman, who was familiar with all the existing systems, undertook this, and proceeded upon a new but simple plan. Hitherto the voter indicated his preference by a crass or,some other mark. Mr Chapman conceived the idea of utilising a natural instinct, and instructed the voter to strike out his opponents. This has now spread all over Australasia, and has been largely adopted in the United States and many other countries. Air

Chapman was by no means forgotten in New Zealand, and in 1864. when it became necessary to increase the number of the Judges, it- was decided to offer him his old position in the now growing province of Otago. There he took up his residence, and there lie ended days. There Mr Justice Chapman acted in the now laborious duties of his office until 1875. After his retirement lie continued in active employment as Chancellor of the University of Otago, fie died in 1881. in his seven-y-ninth year. In 1866 Aim Chapman, with her eldest and youngest sons, and her only daughter, had perished in the foundeiiu<>- of the s.s. London in the Bay oi Biscay. Late in life Air Justice Chapman married a second wife, who suivived him until 1902. The .speaker concluded by requesting the Chief Justice to perform the ceremony. PANEGYRIC BY THE CHIEF JUSTICE.

The Chief Justice, in performing the ceremony of unveiling the painting, said lie accepted, on behalf of the Dench, the invitation of the Bar to unveil the portrait of the late Mr justice Chap*mau. In doing so, he might say that as Mr Brown had so fully dealt with his career, it was unnecessary that ■he should make many remarks regarding it. The late Judge certainly held an unique position in the colonial history of the Empire. Tie (the. Chief Justice) did not know of any other man who could be mentioned in connection with the starting and development of four important colonies —Canada, Tasmania, Victoria and New Zealand —and in all of these lie took up important positions. To those who had the happiness of meeting and talking with him, his conversation was most interesting He (the speaker) could recall many conversations with him and they were always most interesting and instructive. When they remembered that in his younger years he was associated with Jeremy Bempen, James Mill, John Stuart Alill, Charles Buller, and many other men of note — that he was in touch with them, and honoured and respected by them—-it would be seen that he had a link ynth the history of the Empire in a very important period. He belonged to the school known in England as the Philosophical Radicals. The speaker proceeded that he only knew the late Judge when lie came to New Zealand in 1864. He had the happiness of being examined and admitted to the Bar by him, and of practising before him. He was sure lie was only speaking the sentiments of all when he said that Air Justice Chapman was _ AN ABLE JUDGE AND A KINDLY ONE, who maintained the high traditions of his office, and isaw that justice was clone. He was exceedingly kindly to the younger practitioners and of great assistance to them. He was a very learned and cultured man—well read, especially in all philosophical questions. He was also a good linguist, his acquaintance with French being as great as with English, whilst, in addition, he was a German scholar. One of his judgments had been referred ,to by Mr Brown. He (the Chief Justice) could refer to several others which were almost classics in our law reports. He was exceedingly glad the honour had been oast upon him of performing this ceremony. He could look back with pleasure to the knowledge that he knew the late Judge, and all Avho knew him l evered him. He was pleased also that the honour was being paid to him as the first Judge in Wellington, and they were all pleased that a distinguished son c<f his should be associated with them on -the Bench in car lying out their official duties. As the Chief Justice spoke the other Judges remained standing, and at the conclusion of his address lie removed the flag with which the picture was draped.

Mr M. Farmer King, chairman of the Colonial Iron and Coalfields Construction Company, and Mr Nicolanis, of Messrs Alercer, Nicolaus and Co., mining engineers, are expected to arrive in Wellington from England about the middle of next month. Tt is their intention to visit every place in New Zealand where leases or options have been granted to the company in connection with the iron-sand, iron-ore and coal industries. It is proposed to erect works at Parapara (Nelson). New Plymouth and Patea. The capital the company intends starting operations with is £600,000, and if it gets other concessions (which include the anticipated construction of a railway from Waitara to the. coal measures at Mokau) the capital will be increased accordingly. The leases and options at present held by the. company are as follows: —(1) A lease from the authorities of New Plymouth for the ironsands of Taranaki extending over ten miles of foreshore; (2) a lease extending over an area of 1000 acres at Parapara, which, according to an official report, is estimated to contain no less than 100,000,000 tons of ore on the surface alone; (3) an option for the purchase of 527 acres of coalfields at Westport ; (4) the patent rights of Air E. M. Smith’s briquette-making process. This process is for making the iron-sand into compound ore for smelting; another patent is for a compound patent fuel (purified coal for fui*naees), and a third patent is for increasing the product of the blast furnace by the addition of ironsand.