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Lord Aberdeen to Mr. Everett.

The undersigned, Her Majesty's principal secretary of state for foreign affairs, has the honor to acknowledge the receipt of the note dated the 26th ultimo, from Mr. Everett, envoy extraordinary and minister plenipotentiary of the United States of America, relative to the complaints brought forward by several American citizens, concerning the position in which they are placed in Her Majesty's colony of New Zealand, with respect to the recognition of certain of their titles to lands in that colony.

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The undersigned has lost no time in referring Mr. Everett's note to Her Majesty's principal secretary of state for the colonies for his consideration, and the undersigned will again have the honor of communicating with Mr. Everett as soon as he shall receive the reply of the secretary of state for the colonies.

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ABERDEEN.

Lord Aberdeen to Mr. Everett.

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The undersigned, Her Majesty's principal secretary of state for foreign affairs, had the honor, in his note of the 3d ultimo, to inform Mr. Everett, envoy extraor dinary and minister plenipotentiary of the Unites States of America, that he had referred to Her Majesty's principal secretary of state for the colonies Mr. Everett's note of the 26th of December last, relative to the complaints brought forward by several American citizens, concerning the position in which they are placed in Her Majesty's colony of New Zealand, with respect to the recognition of certain of their titles to lands in that colony * [got] before the assertion of Her Majesty's sovereignty of those islands. Having now received an answer from the colonial department, the undersigned has the honor to inform Mr. Everett, with reference to the first head of complaint, that in consequence of certain questions raised by the American consul at Sydney, as to the rights and obligations of aliens in New Zealand, instructions were forwarded to the governor of that island in the month of March, 1841, upon which occasion that officer was directed to bear in m' the principle that where aliens had acquired land from the chiefs prior tue proclamation of the Queen's sovereignty 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.

To this arrangement Her Majesty's Government have since announced their determination to adhere, on the occasion of a reference being made by the governor of New Zealand on an application from a Belgian settler relative to the claims of the subjects of foreign powers to land.

* * Trusting that these explanations will be satisfactory, the undersigned requests Mr. Everett to accept the assurances of his distinguished consideration. ABERDEEN. FOREIGN OFFICE, February 10, 1844.

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Hamilton to Webster.

GOVERNMENT HOUSE, AUCKLAND,
March 13, 1845.

SIR: I am desired by the governor to acknowledge the receipt of your letter of the 10th instant in reference to spars taken for the use of Her Majesty's navy by Commander Wood, of Her Majesty's storeship Tortoise, from off land in the Bay of Plenty, to which at the time you laid claim. In answer to your claim for compensation, I am desired by the governor to say that he will refer the case for the decision of the home Government, being unable himself to do anything at present.

I have the honor to be, sir, your most o'bedient servant,

Mr. W. WEBSTER,

J. W. HAMILTON,
Private Secretary.

Auckland.

Hamilton to Webster.

GOVERNMENT HOUSE, March 10, 1845. SIR: I am desired by the governor to acquaint you that his excellency has examined and taken advice respecting your land claims, marked 305 H and 305 I, and is sorry to find himself precluded from authorizing any further grant made to you at present on account of the largeness of the grants already made in your name. The governor directs me to say that the land which you now hold in undisputed possession will probably be granted to you eventually. I have the honor to be, sir, your most obedient servant,

J. W. HAMILTON,
Private Secretary.

DEPARTMENT OF STATE,

Washington, January 26, 1869.

GENTLEMEN: I have to acknowledge the receipt of your letter of the 15th, relating to claims of citizens of the United States growing out of the occupation of the islands of New Zealand by the authorities of Great Britain in 1840, and suggesting the incorporation of a clause in respect to such claims in the convention for the general adjustment of private claims between this Government and that of Great Britain. In reply I have to state that it would be inexpedient in my judgment to attempt any modification in the convention relating to claims which is now awaiting ratification. And that it will be preferable, if the provisions of that convention shall be found insufficient to admit the examination of the claims to which you refer, that they should be made the subject of separate and independent negotiatiation at another time.

I am, gentlemen, your obedient servant,

WM. H. SEWARD.

CLAIM OF WILLIAM WEBSTER IN NEW ZEALAND, ON JUNE 1.

Mr. Thompson, by unanimous consent, submitted the following resolution, which was read, considered, and agreed to:

Resolved, That the Secretary of State be directed, if not inconsistent with the interest of the public service, to furnish the House copies of the correspondence between the State Department and the Government of Great Britain in relation to the sequestration of the lands and property in New Zealand claimed by William Webster, an American citizen, by purchase of the native chiefs of that country before its cession to and occupation by the British Government.

NEW ZEALAND.

The Speaker pro tempore also, by unanimous consent, laid before the House the following message from the President, and accompanying report from the Secre tary of State.

The Clerk read as follows:

To the House of Representatives:

I transmit herewith, in answer to a resolution of the House of Representatives of the 1st ultimo, a report from the Secretary of State upon the subject. U. S. GRANT.

WASHINGTON, July 13, 1876.

To the PRESIDENT:

The Secretary of State has the honor to report that upon the 2d day of June he received a copy of a resolution of the House of Representatives in the following words:

"Resolved, That the Secretary of State be directed, if not inconsistent with the public service, to furnish to the House copies of the correspondence between the State Department and the Government of Great Britain in relation to the sequestration of the lands and property in New Zealand claimed by William Webster, an American citizen, by purchase of the native chiefs of that country by Webster before its cession to and occupation by the British Government."

No correspondence has taken place between the Department of State and the Government of Great Britain in relation to the sequestration of the lands and property in New Zealand claimed by William Webster, an American citizen. In the years 1841 to 1844 certain correspondence was had between the legation in London and the foreign office of Great Britain in reference to the general question of land titles held in New Zealand by American citizens, but no correspondence has taken place in regard to the particular claim of Mr. Webster.

Respectfully submitted.

DEPARTMENT OF STATE,

HAMILTON FISH,

Washington, July 13, 1876.

Copy of report from the Law Bureau of the State Department at Washington to the Secretary of State, in respect to the claim of William Webster against the British Government.

LAW BUREAU, April 16, 1880. SUBJECT: Claim of William Webster, a citizen of the United States, against the British Government. Memorial and papers handed to the Secretary by the Hon. S. S. Cox, April, 1880.

This claim has been formally before the Department since September, 1858, when a printed memoral with accompanying papers was referred for examination by President Buchanan. Notice of the occurrences from which the claim arises was, however, brought to the attention of the Department by a letter of the 23d of February, 1841, from J. H. Williams, esq., then United States consul at Sydney, New South Wales.

Mr. Williams, in this letter, which was received October following, simply states that he transmits a copy of a letter addressed to him by Mr. William Webster for the Secretary's perusal, and then leaves Webster to tell his own story. Webster, in the letter referred to, states that he is a citizen of the United States, a native of Maine; that he first went to New Zealand in 1835, and being pleased with the country, remained there; and that during the succeeding five years he devoted himself to purchasing and improving and cultivating land, and teaching the natives the arts of civilization; that he made his purchases of the several tracts shown on the map, which accompanied his letter, from the native chiefs, and that he expended in such purchases £15,627, or about $78,000. The total of land amounts to about 500,000 acres. In addition to this, he alleges that he expended large sums in making improvements, building wharves, improving harbors, and erecting houses.

In 1840 the British Government acquired possession and sovereignty of the island by treaty, concluded with certain chiefs, and from that New Zealand became a British colonial possession.

Capt. William Hobson, royal navy, was appointed lieutenant-governor of the provinces, and under instructions from the Marquis of Normanby, then secretary' for the colonies, immediately proceeded to put in force such regulations as were prescribed by the home Government in relation to the people, natives, and foreigners then inhabiting the island.

By a proclamation, bearing date the 30th day of January, 1840, the governor makes known the disposition of the Government with respect to land titles. It is found on pages 12 and 13 of the annexed pamphlet:

"1st. Her Majesty, taking into consideration the present as well as future interests of her subjects, and also the rights of the chiefs and native tribes, does not deem it expedient to recognize as valid any titles to land which are not derived from or confirmed by Her Majesty.

"2d. But in order to dispel any apprehensions that it is intended to dispossess the owners of lands, acquired on equitable condition, and not in extent or otherwise prejudicial to the present or prospective interests of the community, a commission is 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 all persons having such claims will be required to prove the same before the said commission when appointed."

The treaty by which the British Government acquired title to New Zealand is dated the 6th of February, 1840, some days, as it is seen, after the above proclamation. Nothing is said in the proclamation about Americans, or other

non-British subjects, or what, if any, course the new Government intended to pursue in regard to these land titles.

There were many Americans besides Webster, and all of them refused to recognize the legality of the proposed commission. It was under this condition of things that Mr. Webster addressed his letter to Consul Williams, as the most certain and convenient way of bringing the facts to the notice of the Government of the United States, not as to himself alone, but as to all Americans similarly situated. He, however, formulated no claim at that time and made no demand for indemnity, for, as he states himself, he had not then been despoiled of his lands.

The British authorities took possession of the most valuable of Mr. Webster's land; he got none, although there was a quasi recognition of his title by the socalled land commission, in the fact that in 1858 the New Zealand government confirmed to Mr. Ranulph Dacre 5,000 acres of land, which he (Dacre) had purchased from Webster in 1844.

Beside the loss of his land, Mr. Webster claimed to have suffered large losses from interference with his business, especially shipping. He had then several vessels, both in the coasting and foreign trade. In 1858, after all efforts to get his claims to land recognized had failed, both in New Zealand and in England, he brought his claim before this Government, Reverdy Johnson, A. Anderson, and J. W. Denver being his counsel. His memorial was addressed to the Presi dent and referred to this Department. I find a memorandum, dated the 15th of September of that year, headed "Reports," but not signed by any one, which appears to be all the action taken by the Department at that time in relation to the matter. I append that paper, and will notice it further on.

The claim was again brought to the attention of the Department in May, 1869, by General Denver, and on that occasion I find a memorandum of the Secretary in Mr. Fish's own handwriting, dated May 11, which, like the report of 1858, is adverse to the claim.

In the session of 1876 a resolution passed the House of Representatives, calling upon the President for correspondence in regard to Mr. Webster's claim between between the Department and the Government of Great Britain. On the 13th of July of that year this resolution was answered, and Mr. Fish, in his letter, says no correspondence has taken place between the Department of State and the Government of Great Britain in relation to the sequestration of the land and property in New Zealand claimed by William Webster, an American citi

zen.

In the years 1841 to 1844 certain correspondence was had between the legation in London and the foreign office of Great Britain in reference to the general question of land titles held in New Zealand by American citizens, but no correspondence has taken place in regard to the particular claim of Mr. Webster. A copy of that correspondence is inclosed, and it consists of

1st. A letter of the 26th of December, 1843, from Mr. Everett to Lord Aberdeen.

2d. A brief reply from his lordship, of the 3d of January following, saying the subject had been referred to the secretary for the colonies.

3d. A note of the 10th of February, 1844, from Lord Aberdeen to Mr. Everett, conveying the reply of Government, the chief point of which is the following: That in conseqence of certain questions, raised by the American consul at Sydney, as to the rights and obligations of aliens in New Zealand, instructions were forwarded to the governor of that island in the month of March, 1841, upon which occasion that officer was directed to bear in mind the principle, that where aliens had acquired land from the chiefs prior to the proclamation of the Queen's sovereignty there, and that fact was undisputed, the claim should be acknowledged; but when 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 claims disposed of accordingly.

I find the following letter from Mr. Secretary Seward, January 26, 1869, which appears to have been transmitted to Congress with the above correspondence, which, as I deem it pertinent to the conclusion I have reached, I insert here:

"I have to acknowledge the receipt of your letter of the 15th, relating to claims of citizens of the United States, growing out of the occupation of the islands of New Zealand by the authorities of Great Britain in 1840, and suggesting the incorporation of a clause in respect to such claims in the convention for the general adjustment of private claims between this Government and that of Great Britain. In reply, I have to state that it would be inexpedient, in my judg ment, to attempt any modification in the convention relating to claims, which is

now waiting ratification, and that it will be preferable, if the provisions of that convention shall be found insufficient to admit the examination of the claims to which you refer, that they should be made the subject of separate and independent negotiations at another time."

With reference to what proceedings were had before the British land commission sitting at Auckland, touching Webster's titles or claims, I have no means of ascertaining their nature or the mode of procedure.

The following letter, bearing date the 10th of March, 1845, from Governor Fitzroy's private secretary to Mr. Webster, and which is attached to Webster's memorial as an exhibit, will convey some idea of the result, so far as their proceedings affected Webster.

GOVERNMENT HOUSE, March 10, 1845.

SIR: I am desired by the governor to acquaint you that his excellency has examined and taken advice respecting your land claims marked 305 H and 305 I, and is sorry to find himself precluded from authorizing any further grant made to you at present, on account of the largeness of the grants already made in your naine. The governor directs me to say that the land which you now hold in undisputed possession will probably be granted to you eventually. I have the honor to be, sir, your most obedient servant,

J. W. HAMILTON,
Private Secretary.

And the following, three days later, from the same source, shows that while Webster did not sleep on his right, his watchfulness availed him little in securing from the colonial authorities either respect for or recognition of these rights which he, at least and not without reason, conceived to be well established:

GOVERNMENT HOUSE,
Auckland, March 13, 1845.

SIR: I am desired by the governor to acknowledge the receipt of your letter of the 10th instant in reference to spars, taken for Her Majesty's navy by Commander Wood, of Her Majesty's storeship Tortoise, from off land, in the Bay of Plenty, to which at the time you laid claim. In answer to your claim for compensation, I am directed by the governor to say that he will refer the case to the decision of the home Government, being unable himself to do anything at present.

I have the honor to be, &c.,

Mr. W. WEBSTER, Auckland.

J. W. HAMILTON,
Private Secretary.

One other fact it is proper to state here. In his memorial presented to the President in 1858, Mr. Webster exhibits a copy of his title deeds from the chiefs from whom he purchased, for the several tracts of land to which he laid claim, and which appear very distinctiy marked and described by metes and bounds, on a map which also accompanied the memorial referred to, and which I annex as a part of this report.

Soon after the report of Mr. Secretary Fish to the House of Representatives, July, 1876, Mr. Webster, with a view to the prosecution of legal remedies in the courts of Great Britain, laid his case before eminent counsel in New York.

From the Hon. J. W. Edmonds he had already, in 1861, obtained a written opinion, a printed copy of which I append hereto. Upon the advice received still more recently from lawyers equally distinguished, he proceeded to London, and there submitted the case to a learned English barrister. He was advised that the home courts had no original jurisdiction in the matter; that any legal proceedings contemplated must be commenced in the New Zealand tribunals, and that the case could reach the home courts of Great Britain only, if at all, by appeal from the colonial decisions. He next, through the interposition of an English friend, obtained a hearing at the colonial office, and there pressed his claim as best he could; but there also he was courteously informed that nothing could be done in England; that his recourse must be to the colonial authorities of New Zealand, and that the home Government would only take cognizance of the subject upon such reports as might ultimately be sent from the local government authorities of New Zealand. Having, as he considered, already exhausted all reasonable means of redress before the colonial authorities, and entertaining no hope of a different result from a repetition of these efforts, Mr. Webster

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