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the intervention of his Government. The British Government has not presented in its correspondence on this subject, or in any order concerning it, that has been communicated to William Webster or his counsel, or to the United States, any finding of the commission or other official authority of any fact tending to show that the conveyances made to him by the native chiefs were not made in good faith and for a valuable consideration before the treaty of February 6, 1840.

That Government, so far as your committee are informed, has never impeached the claim of Mr. Webster on any ground that takes it out of the influence of the express declaration of Lord Aberdeen to Mr. Everett, "that where aliens had acquired land from th chiefs prior to the proclamation of the Queen's sovereignty there, and that fact was undisputed, the claims should be acknowledged." Nor has any fact been stated by that Government which tends to include the claim of Mr. Webster in the category "that where a doubt arose whether the alien made a bona fide purchase of the land the settler should be treated as any British subject and his claim disposed of accordingly."

British subjects now hold lands under the same conveyances made to him, confirmed by the commission, as to such subjects, which have been treated as if they had no existence when invoked in support of Mr. Webster's rights.

For the further information of the Senate on this subject, your committee submit the papers found in appendices to this report, numbered 1, 2, 3, and 4. These papers give the reports of committees of Congress, the correspondence with and arguments of counsel submitted to the Home Government in Great Britain, the opinion of the law officer of the Department of State, and the affidavit of Mr. Ranulph Dacre, all of which give strong support to the rights claimed by Mr. Webster.

Your committee recommend the adoption of the following resolutions:

Resolved by the Senate, That after due examination of the matters presented in the petition of William Webster, and the evidence brought to their attention in support of his claim for indemnity from the British Government for lands in New Zealand, purchased by him in good faith from native chiefs, and duly conveyed to him before the Government of Great Britain acquired the sovereignity over that country by a treaty made with said chiefs, the Senate of the United States consider that said claim for indemnity is founded in justice and deserves the cognizance and support of the Government of the United States. And that said claim, as a claim for money indemnity, was not presented by the United States to Great Britain prior to September, 1858.

Resolved, That the President is requested to take such measures as, in his opinion, may be proper to secure to William Webster a just settlement and final adjustment of his claim against Great Britain, growing out of the loss of the lands and other property in New Zealand of which he has been deprived by the act or consent of the British Government; and to which he had acquired a title under purchases and deeds of conveyance from the native chiefs, prior to February 6, 1840, and prior to any right of Great Britain to said islands.

APPENDIX No. 1.

[House Report No. 1543, Forty-eighth Congress, first session.]

The Committee on Foreign Affairs, to whom was referred the petition of William Webster, a native-born citizen of the United States, who prays the action of this House to aid him in furtherance of his claim against the British Government, having had the claim under consideration, submit the following report: The petition of Mr. Webster avers in substance the following facts:

1. That he is a native-born citizen of the United States.

2. That between 1835 and 1840 he resided in the island of New Zealand, and acquired there, by grants from native chiefs, several tracts of land, described by metes and bounds, for which he paid large sums of money in cash and merchandise, the aggregate acreage of the purchase being about 500,000 acres.

3. That after the British acquisition of the sovereignty over New Zealand, in 1840, he was deprived of a large part of this land and of valuable cut and marketable timber on some of the tracts, and that these acts were done by British offi cers by authority of the Crown.

4. That negotiations for redress of his rights and restoration of his property, carried on through a series of years, have resulted in nothing.

CLAIM OF WILLIAM WEBSTER.

5. That he desires the aid of this House in the prosecution and adjustment of his claims against Great Britain.

Your committee append to this report the petition of Mr. Webster and the accompanying documents, which appear to substantiate his allegations, and leave for the consideration of the committee only two questions:

1st. Whether the claim is a legitimate subject for diplomatic presentation, so as to warrant the House in requesting the President to present it.

2d. Whether it has been barred by the provisions of either of the claims conventions with Great Britain.

As to the first point, it appears thus far uncontradicted that Mr. Webster, at the time of the happening of the events complained of, was, and still is, a citizen of the United States. He is, therefore, a person entitled to the diplomatic protection of his Government. It also appears, in like manner, that he has been deprived of his property in a foreign country by the authorized acts of the agents of the Government of that country, and has received no compensation for it and no redress. The subject of the reclamation is therefore one entitled to diplomatic protection.

As to the second point, both the person injured and the wrong done being proper subjects for diplomatic representation, two claims conventions with barring provisions have been concluded with Great Britain since 1840.

The treaty of 1853 provided that all claims on the part of citizens of the United States which might have been presented to the Government of the United States for its interposition with the Government of Great Britain since the signature of the treaty of December 24, 1814, and which then remained unsettled, as well as any other such claims which might be presented within a fixed time, should be referred to a claims commission, and that every such claim whether presented to the commission or not, should, after the conclusion of the commission, be barred.

When this commission met and when it adjourned Mr. Webster's claims had
not reached a stage to bring them within the operation of the barring clause of
the agreement of 1853. His claim for the taking of his personal property had
never been presented to his own Government, but had been referred by the local
government of New Zealand to its superior in London, and was under advise-
ment there, and it would be inequitable to hold that Great Britain could by
negotiating in London for its settlement keep it out of the commission, and then
set up the bar of the claims convention as an answer to the negotiations.

As late as 1858 the validity
His claim for the taking of his real estate did not arise until it was definitely
settled that the tracts would not be restored to him.
of one of the grants was recognized, and from the facts as they are presented to
the committee it can not be presumed that the determination not to restore them
was reached until after that time. Until that decision was reached Mr. Webster
was still hoping for the return of his lands, and had no claim for compensation
in money for their value. Certainly up to that time no such claim had been ad-
vanced so far as shown by the accompanying papers.

The other claims convention with Great Britain existed under the treaty of
May, 1871, and had jurisdiction only of claims against Great Britain on the part
of citizens of the United States arising out of acts committed between April 13,
1861, and April 9, 1865. This clearly did not include Mr. Webster's wrongs.

Your committee, for these reasons, are of opinion that Mr. Webster's petition and the accompanying documentary proof show a clear case in which a citizen of the United States has suffered serious injuries from a foreign Government, which are proper subjects for diplomatic application for redress. In view of the magnitude of the injury and the great delay in redressing it, they also think it a proper occasion for action of this House upon the subject, in order to strengthen the hands of the Executive in asking for an examination into the case, and for such measure of compensation as may be found proper. They therefore recommend the adoption of the following resolution:

Resolved, That the petition of William Webster and the accompanying documents be transmitted to the President, with the request on the part of this House that he will take such steps as he may deem proper to secure a speedy inquiry into the injuries which Mr. Webster claims to have suffered by reason of acts of officers of the Government of Her Britannic Majesty, and the payment of a just compensation therefor.

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the intervention of his Government. The British Government has not presented in its correspondence on this subject, or in any order concerning it, that has been communicated to William Webster or his counsel, or to the United States, any finding of the commission or other official authority of any fact tending to show that the conveyances made to him by the native chiefs were not made in good faith and for a valuable consideration before the treaty of February 6, 1840.

That Government, so far as your committee are informed, has never impeached the claim of Mr. Webster on any ground that takes it out of the influence of the express declaration of Lord Aberdeen to Mr. Everett, "that where aliens had acquired land from th chiefs prior to the proclamation of the Queen's sover eignty there, and that fact was undisputed, the claims should be acknowledged." Nor has any fact been stated by that Government which tends to include the claim of Mr. Webster in the category "that where a doubt arose whether the alien made a bona fide purchase of the land the settler should be treated as any British subject and his claim disposed of accordingly."

British subjects now hold lands under the same conveyances made to him, confirmed by the commission, as to such subjects, which have been treated as if they had no existence when invoked in support of Mr. Webster's rights.

For the further information of the Senate on this subject, your committee submit the papers found in appendices to this report, numbered 1, 2, 3, and 4. These papers give the reports of committees of Congress, the correspondence with and arguments of counsel submitted to the Home Government in Great Britain, the opinion of the law officer of the Department of State, and the affidavit of Mr. Ranulph Dacre, all of which give strong support to the rights claimed by Mr. Webster.

Your committee recommend the adoption of the following resolutions:

Resolved by the Senate, That after due examination of the matters presented in the petition of William Webster, and the evi ience brought to their attention in support of his claim for indemnity from the British Government for lands in New Zealand, purchased by him in good faith from native chiefs, and duly conveyəc to him before the Government of Gr at Britain acquired the sovereignity ove that country by a treaty made with said chiefs, the Senate of the United State consider that said claim for indemnity is founded in justice and deserves th cognizance and support of the Government of the United States. And that sai claim, as a claim for money indemnity, was not presented by the United State to Great Britain prior to September, 1858.

Resolved, That the President is requested to take such measures as, in his opiion, may be proper to secure to William Webster a just settlement and final'a justment of his claim against Great Britain, growing out of the loss of the land and other property in New Zealand of which he has been deprived by the act consent of the British Government: and to which he had acquired a titi · und‹ purchases and deeds of conveyance from the native chiefs, prior to February isio, and prior to any right of Great Britain to said islands."

APPENDIX NO. 1.

[House Report No 1543, Forty-eighth Congress, first session.]

The Committee on Foreign Affairs, to whom was referred the petition of W liam Webster, a native-bo n citizen of the United States, who prays the act of this House to aid him in furtherance of his claim against the British Gove mt, having had the claim under consideration, subuit the fo owing report The petition of Mr. Webster avers in substance the following facts.

1. That he is a native-born citiz n of the United States.

2. That between 135 and 1×40 he resided in the island of New Zealand, acquired there, by grants from native chiefs, several tracts of land, describer metes and bounds, for which he paid large sums of money in cash and meret. dise, the aggregate acreage of the purchase being about 300,000 acres.

3. That after the British acquisition of the sovereignty over New Zealand 1×40, he was deprived of a large part of this land and of valuable cut and mar able timber on some of the tracts, and that these acts were done by British · cers by authority of the Crown.

4. That negotiations for redress of his rights and restoration of his prope. carried on through a series of years, have resulted in nothing.

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Petition of William Webster, a native-born citizen of the United States, who seeks the aid of the Government of the United States in furtherance of his claims against the Government of Great Britain.

To the honorable the House of Representatives of the United States:

The petition of William Webster, a native and citizen of the United States, born in the State of Maine, respectfully shows:

That as such native-born citizen, in the year 1835, he went to the island of New Zealand to engage in shipbuilding and mercantile business. He engaged there in trade with the natives, acquiring their confidence, and realized from his ventures large sums of money, and up to the year 1840 he had invested in cash and merchandise gained in this way to the amount of about $78,145 in several tracts of land in New Zealand, purchased at different times, and acquired through different deeds, from different chiefs of native tribes, to an aggregate amount of about 500,000 acres, his title papers to which will be hereinafter more specifically referred to.

At that time (1840) Great Britain acquired the sovereignty over New Zealand. A proclamation, dated January 30, 1840, was issued, extending the boundaries of the government of New South Wales so as to embrace New Zealand. On the same day another proclamation was issued, announcing that it was not deem d expedient to recognize titles to land not derived from or confirmed by Her Majesty; but that in order to dispel any apprehension that it was intended to dispossess owners of land acquired on equitable conditions, it was announced that a commission would be appointed to inquire into and report on all claims to such lands, and that all persons having such claims would be required to prove them before the commission. (Copies of these two proclamations are annexed as Inclosure No. 1 and Inclosure No. 2.)

On February 6, 1840, the treaty of Waitangi was executed. (A copy is here annexed as Inclosure No. 2.)

A few months after these proclamations and the so-called treaty, your petitioner wrote to the consul of the United States at Sydney, in New South Wales, acquainting him with the change of sovereignty, stating that he and other Americ in owners of land feared that their rights would be disturbed, and asking advice as to the best mode of protection. (A copy of this letter is annexed as Inclosure No. 3.)

On the 20th of July, 1841, your petitioner addressed a letter to the colonial secretary at Auckland, of which a copy is annexed as Inclosure No. 4. In this letter, as will appear, he transmitted copies of some of his title deeds and purchases for examination.

In October, 1841, a proclamation was issued declaring that all lands purchased from the natives in the islands of New Zealand had become vested in the British Crown. (A copy of this proclamation is annexed as Inclosure No. 5.)

This proclamation forbade any one from cutting the kouri pine, which it was announced had been reserved for the British navy. The principal value of much of your petitioner's land was in this pine. On some of the lands he had at that time many trees of great valu, and was preparing them for market in the shape of spars and masts. The British authorities afterwards, and as late as 1845, took of this property a large portion, which had been prepared for market, and converted it to their use. Your petitioner demanded compensation, but has never received any.

66

On August 14, 1839, and five months before the proclamation of Captain Hobson, the Marquis of Normanby addressed a letter to Captain Hobson, by which it will appear that, notwithstanding New Z aland was acknowledged as a sovereign, independent state," it was the purpose of the Crown to seize and hold it without regard to the rights of Americans or others to lands acquired by them anterior thereto. (Copy of this letter herewith filed is Inclosure No. 5.)

On the 23d of February, 1841, the consul at New South Wales forwarded your petitioner's letter and map to Washington in a dispatch, a copy of which is annexed as Inclosure No. 6. The Secretary of State looked into the subject, and on the 26th of December, 1843, and after a lapse of two years, Mr. Everett, then minister of the United States in London, officially called Lord Aberdeen's attention to the violation of the rights of property of American citizens in New Zealand, and asked that the interference might cease. (Copy annexed as Inclosure No. 7.)

On the 10th of February, 1844, Lord Aberdeen replied that the governor of New Zealand had been directed to bear in mind the principle that "where aliens had acquired land from the chiefs prior to the proclamation of the Queen's sov

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