ereignty there, and that fact was undisputed, the claims should be acknowledged; but 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." (An extract of which is annexed as Inclosure No. 8.) After this correspondence the local government in New Zealand took up your petitioner's grants and his claim for compensation for the spars and masts and other personal property converted to the use of the British Government. The latter was referred to the home Government for its decision, as shown by a letter dated March 13, 1845, of which a copy is annexed as Inclosure No. 9. The former was met by a quasi recognition of a portion of the grants, and declining "at present" to authorize a recognition of the remainder. There was no definite refusal; nor was it alleged that your petitioner came within that class referred to by Lord Aberdeen as those whose good faith was in doubt. The delay was placed only on the ground of the magnitude of the concessions which your petitioner had acquired. (A copy of this letter is annexed as Inclosure No. 10.) From that time forward the rights of your petitioner and the conflicting claims of the British Government remained undetermined until about the year 1858. At that time a conveyance made in 1844 by your petitioner to one Ranulph Dacre of a tract of 5,000 acres was recognized as valid; but with that exception and the other small exceptions, amounting in the aggregate to about 15,000 acres, already noted, the large and valuable tracts of lands belonging to your petitioner have never been restored to him. Your petitioner then resorted to his own Government for redress. He petitioned the Senate, and that body sought information from the Executive. A report, evidently prepared by a clerk in the Department of State who had not examined the original papers, was returned in answer to the Senate's inquiry. Your petitioner transmits herewith a copy of that report as Inclosure No. 11, and invites attention to it. Its inaccuracies caused grievous wrong to your petitioner. It alleged that your petitioner had presented to the Department in 1841. and that the Department had pressed upon the British Government in London, a money claim for damages for sequestration of your petitioner's land. Nothing could be further from the truth. Your petitioner invoked the aid of his Government, so far as he did invoke it at that time, to secure him in the possession of his property. Nothing was further from his wishes or his expectation at that time than the abandonment of his property and accepting a return of his money in satisfaction for it. He was then young, with life before him, and had carefully, and as he thinks with good judgment, planted his fortune there. There he wished to stay until the object of his enterprise should have been accomplished. He asked his Government to protect him in the possession and enjoyment of his rights. His Government responded to his request. The British Government met the intervention by an admission of his right to all tracts of land acquired in good faith. It held him in suspense for years. To this day it has never denied that he acquired his lands in good faith. In face of all these facts your petitioner respectfully maintains that the clerk in the Department of State who made up that report had no authority for statements which interpose, in effect, a defense against his just claims for indemnity, which has not been set up by Great Britain and which has no foundation in fact. Your petitioner did not rest under this imputation. He placed his demand in the hands of his counsel, the late Mr. Reverdy Johnson, and others, who pointed out that the demand for indemnity grew out of ultimate failure of the colonial government to give the measure of relief promised by Lord Aberdeen in his note of February 10, 1844. The outbreak of the civil war put a peremptory stop upon the consideration of all such matters. The original title deeds and other valuable papers of your petitioner, except those left with the land commission in New Zealand, were in the possession of A. Anderson, esq., one of his counsel, who was during the war within the lines of the military occupation of the Confederacy, and when peace was restored your petitioner learned that said Anderson had died, and that his deeds and papers had disappeared and could nowhere be found. While the convention, known as the Johnson-Clarendon convention, was being negotiated your petitioner requested the Secretary of State to secure language broad enough to take in his claim. Mr. Seward answered that this would require a modification of the instrument agreed upon, and that he thought it would be better to make separate and independent negotiations. (A copy of this letter is annexed as Inclosure 12.) In 1876 your petititioner again applied to Congress. In response to a resolution of your honorable body, President Grant transmitted a report to the Secretary of State, a copy of which is annexed, marked Inclosure 13 by which it will appear that at that time no correspondence had taken place between the State Department and the Government of Great Britain in relation to the sequestra tion of your petitioner's lands, as was erroneously stated in report from State Department, as per Inclosure No. 11. In 1880 your petitioner again applied to Congress. The Committee on Foreign Affairs applied to the Secretary of State for information. The Secretary referred the application to the law officer of the Department, who made a report, which was sent to the committee as the Secretary's answer to its inquiry. (A copy of this report is annexed as Inclosure 14.) The committee thereupon reported with a recommendation of the passage of a joint resolution requesting the President to take steps to secure an adjustment of your petitioner's claim. (A cepy of this report is annexed as Inclosure 15.) Your petitioner here files an extract from the Official Gazette of the New Zealand government of May, 1842, which is also on file in the colonial office in London, by which the land commission of that government conceded that he had proved title to about 240,000 acres of land, but for causes unknown to him failed to confirm the same. This extract is marked as Inclosure No. 16. He also files herewith a duplicate plat of his land, the original of which was forwarded to the State Department by Consul Williams, as hereinbefore stated; a copy of which was also filed in colonial office, and was before the land commission. The same is here annexed as Inclosure No. 17. And he herewith also files the affidavit of Ranulph Dacre, containing important facts touching his title. Annexed inclosure is No. 18. Your petitioner has been thus particular in stating his case in order that your honorable body may have before it all facts bearing upon it, both those favorable to it and those which may be argued to bear against it, and he confidently appeals to your sense of justice that he has established Ist. That his lands were held by him under fee-simple title, and his property wrongfully taken from him by the action of persons, sanctioned by her Britannic Majesty's Government. 2d. That he has never received any compensation for the wrongs thus inflicted. 3d. That his right to demand such compensation is not lost by negligence, or lapse of time, or the barring clause, or operation of any treaty, or in any other way. Having established these facts, he respectfully prays the action of your honorable body to assist him in the recovery of his just rights in such way as to your honorable body shall seem best. And, as in honor bound, will ever pray. WASHINGTON CITY, D. C., February 23, 1884. WILLIAM WEBSTER, Attorney for Petitioner. PROCLAMATION. By his excellency William Hobson, esq., lieutenant-governor of the British settlement in progress in New Zealand. Whereas Her Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, has been graciously pleased to direct that measures shall be taken for the establishment of a settled form of civil government over those of Her Majesty's subjects who are already settled in New Zealand, or who may hereafter resort thereto; and whereas Her Majesty has been also graciously pleased to direct letters patent to be issued under the great seal of the said United Kingdom, bearing date the 15th of June, in the year 1839, by which the former CLAIM OF WILLIAM WEBSTER. boundaries of the colony of New South Wales are so extended as to comprehend Given under my hand and seal, at Kororarika, this 30th day of January, 1840, in the third year of Her Majesty's reign. By his excellency's command. God save the Queen! WILLIAM HOBSON. GEORGE COOPER. PROCLAMATION. By his execllency William Hobson, esq., lieutenant-governor of the British settlements in progress in New Zealand. Whereas Her Majesty Queen Victoria, Queen of the United Kingdom of Great Britain and Ireland, has been graciously pleased by indentures under the hand of the most noble the Marquis of Normanby, one of Her Majesty's principal secretaries of state, bearing date the 14th day of August, 1839, to command that it shall be notified to all Her Majesty's subjects settled in or resorting to the islands of New Zealand, that Her Majesty, taking into consideration the present as well as future interests of the said subjects, and also the interests and rights of the chiefs and native tribes of the said islands, does not deem it expedient to recognize as valid any titles to land in New Zealand which are not derived from or confirmed by Her Majesty: Now, therefore, I. William Hobson, esq., captain in Her Majesty's navy, and lieutenant-governor in and over such parts of New Zealand as have been or may be acquired in sovereignty by her said Majesty, do hereby accordingly proclaim and declare to all Her Majesty's subjects that Her Majesty does not deem it expedient to recognize any titles to land in New Zealand which are not derived from or confirmed by Her Majesty as aforesaid. But in order to dispel any apprehension that it is intended to disposses the owners of land acquired on equitable conditions, and not in extent or otherwise prejudical to the present or prospective interests of the community, I do hereby further proclaim and declare that Her Majesty has been pleased to direct that a commission shall be appointed with certain powers, to be derived from the governor and legislative council of New South Wales, to inquire into and report on all claims to such lands, and that all persons having such claims will be required to prove the same before the said commission when appointed. And I do further proclaim and declare that all purchases of land, in any part of New Zealand, which may be made from any of the chiefs or native tribes thereof after the date of these presents will be considered as absolutely null and void, and will not be confirmed or in anyway recognized by Her Majesty. Given under my hand and seal, at Kororarika, this 30th day of January, 1840, in the third year of Her Majesty's reign. By his excellency's commmand. God save the Queen! S. Doc. 231, pt 3-9 WILLIAM HOBSON. GEORGE COOPER, |