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Imagereal Capture THE CAREER OF HENRY CHAPMAN IN DUNEDIN PR SPILLER* Introduction The early 1860s marked the substantial beginnings of Otago's judicial history. Prior to that time, Dunedin had brieflY enjoyed the presence of a resident judge, Sidney Stephen, who, in his two years of residence (1850-1852), heard no cases; and from 1858 Henry Gresson, who had jurisdiction over the South Island, periodically arrived from Christchurch to preside. From 1861, the discovery of gold at Tuapeka, and the resultant growth of Dunedin in terms of population and legal business, made these makeshift judicial arrangements wholly inadequate. In October 1862, Christopher Richmond was appointed to the bench, and he became resident judge in 1863. Further gold discoveries in other parts of Otago, and the ensuing influx ofpopulation and commerce into Dunedin and neighbouring areas, caused the government to appoint a judge to assist Richmond J, in Otago and Southland.! The position was offered to Henry Samuel Chapman (1803-1881), who had been one of New Zealand's pioneer judges, and who was then a barrister in Victoria. Chapman J arrived in Dunedin on 15 April 1864, was judge until his retirement on 31 March 1875, and remained in Dunedin until his death in December 1881. 2 During his career in Dunedin, Chapman J contributed much to the early development of the local judicial and legal institutions, and he was also highly active in the social, cultural and academic life of the city. Chapman came to Dunedin at the age of nearly sixty-one, after a lifetime of rich and varied experiences, and with an established reputation in the Australasian colonies. Sir Robert Stout later remarked that Chapman "certainly held an unique position in the colonial history of the Empire", and he did not know of any other man "who could be mentioned in connection with the starting and development of four important colonies ... and in all of these he took up important positions".3 Chapman was born in Surrey, England, the son of a civil servant. His formal schooling lasted only until the age of fifteen, and he was then obliged by the straitened financial circumstances of his family to take employment as a clerk in a bank. In 1823 he was sent by his employer to Quebec where he established his own merchant business; later, in Montreal, he founded the first daily newspaper in British North America in support of the French radical cause. In 1835, he returned to England, and fostered links with the philosophic * BA, LLB (Natal), LLM, MPhil (Cantab), PhD (Natal), Senior Lecturer in Law, University of Canterbury. [Accepted for publication December 1989.] 1 R Cooke (ed), Portrait of a Profession (1969) 330-331. 2 Otago Daily Times (ODT) 16 April 1864, and New Zealand Gazette 25 March 1864. 3 New Zealand Times 13 October 1903. 306 Otago Law Review (1990) Vol 7 No 2 Henry Samuel Chapman ,;,%4M;J ~,;: "",,"" "'" ~;Woodside" - residence of Henry Samuel C apman Henry Chapman 307 radical movement, which advocated democratic institutions, the rationalisa­ tion of government and law, equal access to legal and educational systems, and free trade. Chapmlan wrote extensively in support of these ideals, in pamphlets and local journals. In 1837, he entered the Middle Temple, and was called to the bar in 1840. Although he was moderately successful as a barrister, his late start and the absence of capital meant that he was con­ demned to a life of "incessant labour", without sufficient time or financial support for his growing family. Chapman had by this stage developed an interest in New Zealand (from 1840 to 1843 he was editor of the New Zealand Journal), and when a judgeship was created at Wellington he applied for and obtained the position. Chapman J was judge at Wellington from 1844 to 1852. During this time he officiated with dedication and ability, and the Rules of Court he helped to frame remained in force in New Zealand until 1882. Again, financial constraints and the fear that he could not offer his family sufficient educational opportunities caused Chapman to seek employment elsewhere, and in 1852 he (rather reluctantly) accepted the better-paid post of Colonial Secretary of Van Dieman's Land. This position lasted only six months, as Chapman was suspended from office by the autocratic governor of the colony, as a result of Chapman's decision not to oppose the local resistance to transportation. His subsequent efforts to obtain a colonial appointment (notably a judgeship) were un­ availing. Chapman, who had visited Victoria in late 1852, much admired Melbourne, and saw that it offered considerable scope for "legal men". He therefore decided, in 1854, to commence practice at the Victorian bar, in the hope ,of obtaining a high income and with the ultimate aim of returning to the bench.' During his nine-and-a-half years in Victoria, Chapman lived an extn~mely active life. He was a barrister (for eight-and­ a-half years), a legislator (for a total of three-and-a-half years), the Attorney-General (for twenty-one months), a law lecturer (for a total of three years), and an acting judge (for a year). The latter two activities were those best suited to C:hapman's talents and personality, and it is not surprising that he was seen to perform well here. His pioneering efforts in law studies at the University of Melbourne earned hinl the adulation of his students; and his sound performance on the bench helped to ensure his permanent appointment as a judge in New Zealand. 4 Chapman's attitude to his life and work in Dunedin Chapman's elevation to the New Zealand Supreme Court satisfied his long-held ambition of receiving a permanent appointment to the bench, a position he had last he:ld twelve years before in Wellington. For Chapman, his appointment brought "relief from his arduous struggle with fortune", with work that was "lless anxious and with regular remuneration".5 In 4 F R Chapman (FRC), Outline of the life ofHenry Samuel Chapman and Memoranda ofconversations with Henry Samuel Chapman (unpublished manuscripts, Rosenberg Col­ lection). The Rosenberg Collection (RC) is held in the Christchurch home of Ann Rosenberg, the great-granddaughter of Henry Chapman. The correspondence below is also to be found in RC. 5 FRC, Memoranda 34. 308 Otago Law Review (1990) Vol 7 No 2 November 1864, he reported that he had made himself "very comfortable here", with "plenty of work to keep my mind fairly and healthily employed but not too much for the comfortable enjoyment of my family circle".6 Chapman's pleasure in returning to judicial office was matched by the response he received from the local inhabitants: at his first court appearances, lawyers and jurors paid tribute to his character, learning, experience, and "sympathy with the cause of popular education and advancement".7 Over the ensuing years, Chapman retained his liking for his judicial role: in 1867, he remarked that "the work is easy to me and very much to my taste", and in 1871 declared that his "working powers fortunately continue unimpaired".8 Chapman appeared to be happy to return to New Zealand: he had always retained happy memories of his eight years in Wellington (where five of his seven children had been born), and he had maintained an interest in the development of the country and its law. 9 Chapman also appeared to be satisfied with living in Dunedin. The cool, moist climate came as Cl: relief from the "great heat in Australia" which he had come to find oppressive, and he much admired the "splendid glaciers", "very fine scenery" and "magnificent views" around Dunedin. 10 In later years he commented that "though this climate is changeable, I believe it is really healthier and more favourable to work and mental activity than that of Melbourne". 11 He did, however, "often feel very dull", and wrote that "this is a place that does not furnish [him] with any topics likely to interest [outsiders]".12 Not surprisingly, by August 1866, he had acquired an "intense desire to visit England to see all myoid friends".13 To this end he obtained leave at half pay for the period October 1868 to April 1870. In England and Europe, Chapman renewed his ties with his family, former legal colleagues and philosophic radical friends, and savoured the richness of the cultural and intellectual environment. 14 After his return, in 1871, he cautioned his son Frederick that, if he came to Dunedin, he would soon know everybody and "everybody's business".15 At that stage he expressed a preference to see his sons successful in London where he would join them on retirement. However, he foresaw that this was an unlikely prospect, and remarked that, if his sons all settled in Australasia (and this in fact occurred), he "would not leave this side of the world on any consideration".16 6 H S Chapman (HSC) to FRC 18 November 1864. 7 ODT 3 May 1864~ and Daily News 6 & 14 July 1864. For the reaction of the Richmonds~ see GH Scholefield (ed)~ The Richmond Atkinson Papers II 118. 8 HSC to FRC 19 September 1867 and 30 April 1871. 9 HSC to Aunts 26 August 1862~ HSC to Attorney-General (AG) 19 April 1859 (Jl National Archives~ Wellington)~ Daily News 14 July 1864. 10 HSC to FRC 16 September 1864~ and to Fanny Chapman 18 November 1864. 11 HSC to FRC 10 December 1871. 12 HSC to FRC 17 December 1864~ and to Fanny Chapman 18 October 1865. 13 HSC to FRC 28 August 1866. 14 FRC~ supra n 5.
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