As mentioned before,\u00a0 Auckland had little to offer for many of those who had only their labour and no capital,\u00a0 but carpenters were reasonably well paid and,\u00a0 for a time,\u00a0 Ben was kept fully occupied working at this trade.<\/p>\n
When the family arrived from Wellington on the Abercrombie<\/i>,\u00a0 Auckland was a tiny settlement indeed;\u00a0 for it was only in July 1840 that Governor Hobson had chosen the site of the future Capital on the shores of the Waitemata.\u00a0 The Treaty of Waitangi had just been signed when he travelled in the Range<\/i>r from the Bay of Islands to view the land and talk with the Ngatiwhatua tribe,\u00a0 of whom Apihau te Kawau was the paramount Chief.\u00a0 Not long afterwards the Anna Watson<\/i> sailed from Russell,\u00a0 with officials and their wives,\u00a0 cabin passengers and thirty-two workmen to establish the new settlement;\u00a0 and disappointed New Zealand Company immigrants,\u00a0 from Port Nicholson,\u00a0 arrived on the Platina<\/i>.\u00a0 On 18 September 1840,\u00a0 Captain Symonds,\u00a0 for whom Symonds Street is named,\u00a0 had raised the flag and read the preliminary Agreement with the Ngatiwhatua tribe for the ceding of approximately three thousand acres to the Crown.\u00a0 Te Kawau signed the Agreement.\u00a0 He was to cede other lands and to have his tohutohu inscribed on the document for the sale of land to Benjamin Smith;\u00a0 but this was not to happen until 7 May 1845.\u00a0 It is interesting to note that in the Maori language version of the land Deed subsequently issued,\u00a0 Benjamin Smith\u2019s name is rendered as Penehamini Mete<\/i>.<\/b><\/p>\n
The first sale of Crown Land was made in 1841 and other sales thereafter at regular intervals;\u00a0 by the end of the year there were some weatherboard houses,\u00a0 and though most people were living in whares or in tents,\u00a0 permanent settlement was proceeding rapidly.\u00a0 There were Government buildings being erected,\u00a0 and commercial buildings and churches,\u00a0 and also accommodation for anticipated immigrants at Mechanics Bay,.<\/p>\n
The major event of the year was the arrival of the Jane Gifford<\/i> and the Duchess of Argyle<\/i>\u00a0 on 9 October with 560 immigrants predominantly Scottish.\u00a0 Immigrants meant new friends,\u00a0 but also the beginning of wider class distinctions.\u00a0 They meant greater prosperity for all:\u00a0 however as the flow became a flood,\u00a0 employment opportunities became less and by 1844 some families were facing poverty.\u00a0 Carpenters were not as badly off as persons in many other trades;\u00a0 for there were still buildings to be erected and there was a large number of sawmills;\u00a0 nevertheless,\u00a0 they were not at all prosperous.\u00a0 Of the sawmills one was owned by the Government at Mechanics Bay,\u00a0 others at Commercial Bay and at Onehunga,\u00a0 and it was at Onehunga that Ben found himself in considerable difficulty.<\/p>\n
In 1835,\u00a0 Thomas Mitchell of Sydney had purchased the whole of the Tamaki Isthmus from the Ngatiwhatua tribe (Conveyance date 1 January 1836) and commenced shipping sawn timber to Sydney.\u00a0 He died in 1837 and his trustees sold the land to the Waitemata and Manukau Land Company;\u00a0 however as a result of the policy of the Secretary of State for colonies in the British Government,\u00a0 Lord Normanby,\u00a0 the ownership of this land was disallowed during the time of Governor Hobson and the land reverted to the Maori owners,\u00a0 te Kawau,\u00a0 Kawae and Tinana te Tamaki.\u00a0 At this time,\u00a0 the Crown had a prior right of ownership of all land offered for sale by the Maoris,\u00a0 which it then sold off after survey to the general public by way of auction at a fixed minimum price of 20 Shillings per acre.\u00a0 When Captain Fitzroy became Governor (1842 \u2013 45) he waived the Crown\u2019s right of pre-emption by the issue of a Proclamation which permitted some native land to be sold direct to the public provided the purchasers paid the government only 10 Shillings per acre.\u00a0 Because this was still considered a high price there were not many sales and so Fitzroy by a further Proclamation,\u00a0 on 10 October 1844,\u00a0 further reduced the amount due to the government and a land rush then occurred.<\/p>\n
Among the purchasers of land direct from Maori owners was John Thomas Jackson who,\u00a0 in partnership with William Hobson (Wiremu Hopehona),\u00a0 bought land previously held by the Waitemata and Manukau Land Company.\u00a0 The Deed is No. 92 in Maori Deeds of Old Land Purchases in the North Island<\/i>.\u00a0 In 1845,\u00a0 Mr Jackson purchased a further 1000 acres from Mohi,\u00a0 which Alexander Geddes bought in the next year for\u00a0 1,970 pounds.\u00a0 On the original holding Mr Jackson ran a few cattle and he needed a house.\u00a0 He entered into an Agreement with Ben Smith on 9 August 1844 for the building of a four-roomed dwellinghouse.\u00a0 Ben was to supply all the materials and labour and Thomas Jackson was to give him in exchange a clear title to fifty-five acres.\u00a0 The small stone house completed in 1844 was later occupied by Mr Geddes.\u00a0 It cost 51 Pounds to build.\u00a0 All would probably have been well,\u00a0 and the Agreement honoured by Thomas Jackson,\u00a0 had not the Government had second thoughts about direct land purchase.\u00a0 The Land Commissioners refused to validate Thomas Jackson\u2019s original purchase unless he complied with conditions which he was,\u00a0 at the time,\u00a0 unable to afford.\u00a0 He could not under the circumstances give a clear title to fifty-five acres.\u00a0 Ben Smith assumed there was no means of obtaining redress and wrote to the Colonial Secretary on 17 December 1844 as follows:<\/p>\n
Benjamin Smith requesting Right of Pre-emption to be waived over land originally purchased from J T Jackson.\u00a0 Perceiving by the Government Gazette that the Crown\u2019s right of Pre-emption over certain lands will only be waived on permission having been first granted to purchase,\u00a0 I beg most respectfully to lay the following statement before you,\u00a0 which I have the honour to request you will submit to his Excellency in the hope that he will be pleased to take a favourable view of my case and enable me to procure a Crown Title to my land,\u00a0 without which it will not only be useless,\u00a0 but will entail ruin on me and my family.<\/em><\/p>\n I am urged to adopt this course\u2026. in consequence of the depression of the times I am unable to obtain work at my trade as a carpenter.<\/em><\/p>\n I now beg most respectfully to state my case.<\/em><\/p>\n J T Jackson purchased on the 11 June 1844 certain lands in the district of Manukau from the Native Chiefs and entered into an Agreement with me to build him a house at Onehunga,\u00a0 in consideration for which I was to have 55 acres of Land,\u00a0 forming part of the purchase and he then agreed to procure the Government Pre-emption Certificate in order to my obtaining legal title to the land.\u00a0 In this he has failed,\u00a0 as he will not apply in consequence of the recent Proclamation,\u00a0 he having purchased without having previously obtained the sanction of the Government.<\/em><\/p>\n I have the honour to enclose the original Agreement and other papers relating to the matter,\u00a0 which I beg most respectfully may be laid before His Excellency,\u00a0 as I am desirous of settling on the land and making it available as early as practicable.<\/em><\/p>\n It is a case of severe hardship p to me to be unable to have a clear Title to the land,\u00a0 and trust His Excellency will permit the Crown\u2019s Right of Pre-emption to be waived as I am totally unable to pay the amount that will otherwise be due to the Crown before a Title can be granted.<\/em><\/p>\n Respectfully requesting an early communication addressed to me at Mr Nicholl\u2019s Inn,\u00a0 Queen Street.<\/em><\/p>\n I have the honour to be Sir<\/em><\/p>\n Your most Obedient Servant<\/em><\/p>\n Benjamin Smith<\/em><\/p>\n Ben had some cause to be concerned,\u00a0 for he now had three sons \u2013 Ezra named after one of his brothers had been born in 1843,\u00a0 and Martha was expecting Walter,\u00a0 her fourth child.\u00a0 Nevertheless,\u00a0 he had done Mr Jackson an injustice,\u00a0 for Thomas Jackson had obtained the consent of the Crown for a waiver \u2013 Certificate No. 43 \u2013 but it was conditional that fees be paid and a survey carried out,\u00a0 so a position of stalemate had arisen.\u00a0 Ben again wrote to the Governor,\u00a0 on 11 February 1845,\u00a0 from his Albert Street address seeking an interview\u00a0 with Governor Fitzroy.<\/p>\n The outcome of this last appeal was that Ben could have the Crown\u2019s Right of Pre-emption waived provided that he first approached the Native Chiefs and sought their consent for the sale to him \u2013 the sale to Jackson was officially considered void;\u00a0 and if they were willing to sell,\u00a0 that he then complete all other required formalities,\u00a0 pay the fees to the Crown and have the land surveyed.\u00a0 This he did and Pre-emption Certificate No. 182 was issued to him on 10 March 1845 by Andrew Sinclair,\u00a0 Colonial Secretary,\u00a0 on behalf of the Governor with the full consent of Thomas Jackson and Apihau te Kawau and his tribe.\u00a0 The certificate is interesting for its bare description of what is today a most valuable area of Real Estate,<\/p>\n Auckland,\u00a0 New Zealand,\u00a0 10 March 1945.<\/em><\/p>\n I certify that His Excellency,\u00a0 the Governor,\u00a0 has consented \u2013 on behalf of Her Most Gracious Majesty the Queen \u2013 to waive the right of Pre-emption over not more than Fifty–five Acres of Land.<\/em><\/p>\n Situated at Onehunga,\u00a0 near Mount Smart adjoining\u00a0 Mr Donovan\u2019s Farm.<\/em><\/p>\n The agreement made by the Native Chiefs for the sale of the land to Ben is in the Maori language;\u00a0 Mr C O Davies,\u00a0 the Official Interpreter,\u00a0 made a translation,\u00a0 and it reads thus:<\/p>\n 7 May 1845<\/em><\/p>\n We the undersigned Native Chiefs of the Tribe Ngatiwhatua do fully consent this day to give,\u00a0 make over and sell to Benjamin Smith,\u00a0 his heirs after him and his assigns a portion of land situated on the left bank of the river Manukau;\u00a0 the said land to be disposed with all wood,\u00a0 water,\u00a0 and everything else upon the said land;\u00a0 we will not sell the said land to any other individual,\u00a0 but our claim to the said land is null and void,\u00a0 and we fully make over and sell the said land,\u00a0 with all things thereupon to Benjamin Smith,\u00a0 his heirs;\u00a0 and his assigns,\u00a0 to be held securely at this present time,\u00a0 after this,\u00a0 and for ever.<\/em><\/p>\n Boundaries.\u00a0 Bounded on the one side by land belonging to the natives and Mr Donovan \u2013 bounded on another side by land belonging to Mr Henry \u2013 bounded on another side by land belonging to Mr Jackson \u2013 and bounded on the other side by the river Manukau \u2013 We also assent to a road of thirty-three feet wide to come thro\u2019 the land belonging to Mr Jackson,\u00a0 as a thorough-fare for Benjamin Smith his heirs,\u00a0 at the present time and forever.<\/em><\/p>\n Payment for the said land sixty-two pounds;\u00a0 one pound per acre.\u00a0 We fully assent to this document,\u00a0 and because we are all agreed thereto,\u00a0 we affix our names and marks on this day of February the twenty-eight in the year of our Lord,\u00a0 one thousand eight hundred and forty-five.<\/em><\/p>\n True Translation<\/em><\/p>\n C O Davies<\/em><\/p>\n The signatories to the original were te Kawai,\u00a0 te Keene,\u00a0 Matiu and Na te Hira,\u00a0 son of te Kawai;\u00a0 witnessed by Harehi Reweti at Kai-Whakamaori,\u00a0 Akarana.\u00a0 The European witness was William Hay,\u00a0 Gentleman,\u00a0 of Auckland<\/p>\n Because of the goodwill of the leading Chiefs of the Ngatiwhatua tribe,\u00a0 Ben was granted a clear Title,\u00a0 and was able to take possession\u00a0 the land.\u00a0 As a token of his gratitude he presented\u00a0 te Kawai with one pound \u2013 a substantial sum in those days \u2013 and a wooden box valued at ten shillings.<\/p>\n As the land represented payment for building materials and labour,\u00a0 he sold it on 28 May 1846 to David Arthur,\u00a0 a Ginger Beer Brewer of Onehunga.\u00a0 Arthur paid Sixty Pounds by way of consideration;\u00a0 but he in turn,\u00a0 was to have his difficulties because his application for the confirmation of the Deed of Conveyance issued by Benjamin Smith was refused by the Colonial Secretary\u2019s Office.\u00a0 He therefore submitted a case to be heard before the Land Commissioners.\u00a0 On 16 September 1847,\u00a0 Ben Smith as a witness on Arthur\u2019s behalf mentioned in evidence that the house he had built was a four-roomed cottage on land formerly owned by Mr Jackson;\u00a0 but now in the possession of Mr Geddes and occupied by him.\u00a0 The second witness,\u00a0 te Keene,\u00a0 stated that the land had originally belonged to te Kawau,\u00a0 the principal Chief who had authorised Matiu to dispose of it to Thomas Jackson and part of the consideration consisted of a silver watch,\u00a0 clothing,\u00a0 coats and trousers.\u00a0 He could not recollect the whole;\u00a0 though the full amount of the consideration had been received.\u00a0 He also confirmed that the Deed produced in evidence for the making of the land over to Benjamin Smith \u2013 the Maori version \u2013 was the original,\u00a0 and that the signatures were those of his own,\u00a0 te Hira,\u00a0 and Matiu.\u00a0 He also said:\u00a0 \u201cI\u00a0 signed for te Kawau with his full consent as I have usually done\u201d \u2013 an informative statement indeed!<\/p>\n David Arthur was eventually awarded a Crown grant;\u00a0 but he was required to comply with Clause 14 of the Land Claims\u00a0 Ordinance and give 11 acres 1 rood to become the Domain Land of the Crown.\u00a0 His troubles continued,\u00a0 for in the following year Governor George Grey,\u00a0 with Bishop Selwyn and Major Richmond,\u00a0 chose the site at Onehunga for the establishment of a military settlement,\u00a0 and it was Arthur\u2019s misfortune that among the acreage chosen was not only the land purchased from Benjamin Smith but also a parcel he had bought from Thomas Jackson.\u00a0 He was however,\u00a0 eventually awarded compensation by the Commissioners of Sixty-six pounds,\u00a0 six shillings and two pence and also awarded five acres two roods being lot 24,\u00a0 Parish of Waitemata,\u00a0 County of Eden,\u00a0 situated near the village of Onehunga.\u00a0 This grant was made on 8 August 1851.<\/p>\n The house built by Benjamin Smith for Thomas Jackson appears in many old photographs and drawings of early Onehunga and is believed to be the first constructed at Onehunga.<\/p>\n","protected":false},"excerpt":{"rendered":" As mentioned before,\u00a0 Auckland had little to offer for many of those who had only their labour and no capital,\u00a0 but carpenters were reasonably well paid and,\u00a0 for a time,\u00a0 Ben was kept fully occupied working at this trade. When the family arrived from Wellington on the Abercrombie,\u00a0 Auckland was a tiny settlement indeed;\u00a0 for […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":[],"_links":{"self":[{"href":"https:\/\/bensmith.falkor.gen.nz\/index.php?rest_route=\/wp\/v2\/pages\/49"}],"collection":[{"href":"https:\/\/bensmith.falkor.gen.nz\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/bensmith.falkor.gen.nz\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/bensmith.falkor.gen.nz\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/bensmith.falkor.gen.nz\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49"}],"version-history":[{"count":3,"href":"https:\/\/bensmith.falkor.gen.nz\/index.php?rest_route=\/wp\/v2\/pages\/49\/revisions"}],"predecessor-version":[{"id":80,"href":"https:\/\/bensmith.falkor.gen.nz\/index.php?rest_route=\/wp\/v2\/pages\/49\/revisions\/80"}],"wp:attachment":[{"href":"https:\/\/bensmith.falkor.gen.nz\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}