Lapas attēli
PDF
ePub

copies of a memorandum on the subject by the governor of that colony which were sent me by Her Majesty's secretary of state for foreign affairs on the 7th instant.

I inclose also copies of the correspondence between this legation and the foreign office in reference thereto.

I have, etc.,

E. J. PHELPS.

[Inclosure.]

Mr. White to Lord Salisbury, March 19, 1887.

LEGATION OF THE UNITED STATES,
London, March 19, 1887.

MY LORD: I have the honor to inclose herewith the copy of a resolution passed by the Senate of the United States, on the 28th ultimo, requesting the President to obtain from Her Majesty's Government copies of certain proceedings, therein described, of the Government of New Zealand with regard to titles to lands in that colony that are or have been claimed by American citizens; and I beg leave, in accordance with instructions from the Secretary of State, to ask your lordship to be so good as to cause copies of these documents to be obtained for me, with a view to their transmission to the Senate.

I have the honor to add that the Department of State would be pleased to have copies in triplicate of any printed papers on the subject which may be obtainable. I have the honor to be, etc.,

[Inclosure 2.]

HENRY WHITE.

Lord Salisbury to Mr. Phelps, July 26, 1887.

FOREIGN OFFICE, July 26, 1887.

SIR: I have placed myself in communication with the secretary of state for the colonies on the subject of Mr. White's letter of the 19th of March last, in which he transmitted to me a copy of a resolution of the United States Senate respecting the land claims of American citizens in New Zealand, and asked to be furnished with the documents therein referred to.

Efforts are being made to procure such papers as may be in existence of the kind which the United States Government desire: but, having regard to the length of time which has elapsed since claims of the nature referred to have been brought forward, Her Majesty's Government can not be sure that they can supply all the papers that may be wanted, and I should be glad to receive from you, if possible, further particulars of what is required. I have the honor to be, etc.,

PAUNCEFOTE,

(For the Marquis of Salisbury.)

[Inclosure 3.]

Mr. Phelps to Lord Salisbury, September 23, 1887.

LEGATION OF THE UNITED STATES,

London, September 23, 1887.

MY LORD: With reference to your lordship's note of July 26, requesting further particulars with regard to the resolution of the United States Senate respecting the land claims of American citizens in New Zealand, I have the honor to inclose

herewith a copy of Mr. Bayard's reply to the dispatch I addressed to him on the subject, by which you will see that he is not in possession of the information desired, but that application will be made to the Senate in reference thereto when that body reassembles in December next.

I have the honor to be, etc.,

[Inclosure 4.]

E. J. PHELPS.

Lord Salisbury to Mr. Phelps, October 29, 1887.

FOREIGN OFFICE, October 29, 1887.

SIR: With reference to your note of the 23d ultimo, and previous corr spondence, respecting the land claims of American citizens in New Zealand, I have the honor to acquaint you that information has been received from the agent-general for New Zealand in London that a full statement relative to Mr. William Webster's claims is now in preparation and will shortly be received from the governor of New Zealand, together with particulars respecting any claims of other American citizens.

I have the honor to be, etc.,

J. PAUNCEFOTE,

(For the Marquis of Salisbury.)

[Inclosure 5.]

Lord Salisbury to Mr. Phelps, October 7, 1887.

FOREIGN OFFICE, December 7, 1887.

SIR: With reference to my note of the 29th of October last, relating to the land claims of Mr. W. Webster in New Zealand, I have the honor to transmit to you herewith a copy of a memorandum on the subject by the prime minister of the colony, which I have received through the secretary of state for the colonies. I have the honor to be, etc.,

J. PAUNCEFOTE,

(For the Marquis of Salisbury.)

[Inclosure 6.]

Mr. Phelps to Lord Salisbury, October 10, 1887.

LEGATION OF THE UNITED STATES,
London, December 10, 1887.

MY LORD: With reference to your lordship's note of 7th instant, and to previous correspondence, I have the honor to acknowledge the receipt of the prime minister of New Zealand's memorandum on the subject of Mr. Webster's land claims in that colony, and I beg to acquaint your lordship that I have lost no time in transmitting the same to my Government.

I have the honor to be, etc.,

E. J. PHELPS.

SESS. II, 1887. NEW ZEALAND.

WEBSTER'S LAND CLAIMS (MEMORANDUM ON), BY THE HON. SIR ROBERT STOUT.

[Presented to both houses of the general assembly by command of his excellency.]

Memorandum on the claims of William Webster, subject of the United States of America, and on a report of the Committee on Foreign Relations of the Senate of the United States, dated 26th January, 1887.

To his excellency the GOVERNOR, &c. :

The report on the petition of William Webster, brought up from the Committee on Foreign Relations by Mr. Morgan,* and forwarded in the despatch No. 13, of the 22nd March, 1887, from the colonial office to his excellency the governor, contains many erroneous statements.

It will be well to state in brief form what the facts are regarding Mr. William Webster's claim. Mr. Webster was an early visitor to New Zealand, and, as he states, traded with the Maoris.

After the proclamation of sovereignty over New Zealand Mr.Webster made a claim for land.

At the time there was in existence a land-claim ordinance, containing the following provisions:

[New Zealand land-claimants ordinance, 4 Vict., No. 2.]

AN ORDINANCE to repeal within the said Colony of New Zealand a certain act of the governor and legislative council of New South Wales made and passed in the fourth year of the reign of her present majesty, and adopted under an ordinance of the governor and legislative council of New Zealand for extending the laws of New South Wales to the said colony of New Zealand, and which said act of the governor and council of New South Wales is intituled "An act to empower the governor of New South Wales to appoint commissioners with certain powers to examine and report on claims to grants of land in New Zealand," and also to termínate any commission issued under the same, and to authorize the governor of the colony of New Zealand to appoint commissioners with certain powers to examine and report on claims to grants of land therein, and to declare all other titles except those allowed by the Crown null and void.

[9th June, 1831.]

Whereas, by an act of the governor and legislative council of New South Wales and its dependencies, made and passed in the fourth year of the reign of her present majesty, intituled "An act to empower the governor of New South Wales to appoint commissioners with certain powers to examine and report on claims to grants of land in New Zealand," after reciting that, in various parts of the islands of New Zealand comprehended within the limits of the territory and Government of New South Wales, tracts or portions of land were claimed to be held by various individuals by virtue of purchases or pretended purchases, gifts or pretended gifts, conveyances or pretended conveyances, or other titles, either mediately or immediately from the chiefs or other individuals of the ab original tribes inhabiting the same, and reciting that no such individual or individuals could acquire a legal title to or permanent interest in any such tracts or portions of land by virtue of any gift, purchase or conveyance by or from the chiefs or other individuals of such aboriginal tribes as aforesaid; and alsoReciting that Her Majesty had, by instructions under the hand of one of Her Majesty's principal secretaries of state, dated the fourteenth day of August, one thousand eight hundred and thirty-nine, declared her royal will and pleasure not to recognize any titles to land in New Zealand which did not proceed from or were not or should not be allowed by Her Majesty; and after stating that it was expedient and proper to put beyond doubt the invalidity of all titles to land within the said islands of New Zealand founded upon such purchases or pretended purchases, gifts or pretended gifts, conveyances or pretended conveyances, or other titles from the sime uncivilized tribes or aboriginal in habitants of New Zealand, it was therefore in and by the said now-reciting act declared and enacted that all titles to land in New Zealand which were not or might not thereafter be allowed by Her Majesty were and should be absolutely null and void.

And the said now-reciting act then authorizes and empowers the said governor of New South Wales to issue one or more commission or commissions, and

For resolutions of Senate and report see Appendix B, post, page 36.

thereby to appoint commissioners, who should have full power and authority to hear, examine, and report on all claims to grants of land in New Zealand, with certain other powers and provisions in the said act contained:

And whereas the said governor of New South Wales, under and by virtue of the said act, did issue his commission, bearing date under the seal of the said colony of New South Wales the thirtieth day of September, in the year of our Lord one thousand eight hundred and forty, thereby appointing certain commissioners, with power to hear, examine, and report on all claims to grants of land in New Zealand: and the said commissioners appointed therein did proceed to hear and examine certain of such claims, but have not as yet reported thereon, and other of the like claims have lately been referred to the said commissioners by the said governor of New South Wales;

And whereas since the appointment of the said commissioners the islands of New Zealand have been separated from the Government of New South Wales and erected into a colony by Her Majesty's royal charter, and it is therefore expedient and necessary that the said act of the governor and legislative council of New South Wales and its dependencies should be repealed, and the said commission so issued by the said governor thereof determined;

And whereas it is expedient and proper that a local ordinance for the same general purposes, intended to be provided for by the said in part recited act of the governor and council of New South Wales, together with such other enactments applicable to the altered circumstances of the colony of New Zealand, should be enacted by the governor and legislative council of the same:

1. [The New South Wales Act, 4 Vict., No. 7, repealed. Commission determined.]

All titles to land in New Zealand absolutely null and void except allowed by Her Majesty. Not to affect land purchased of or held under Her Majesty.

2. And whereas it is expedient to remove certain doubts which have arisen in respect to titles of land in New Zealand: Be it therefore declared, enacted, and ordained:

That all unappropriated lands within the said colony of New Zealand, subject, however, to the rightful and necessary occupation and use thereof by the aboriginal inhabitants of the said colony, are and remain Crown or domain lands of Her Majesty, her heirs and successors, and that the sole and absolute right of preemption from the said aboriginal inhabitants vests in and can only be exercised by Her said Majesty, her heirs and successors, and that all titles to land in the said colony of New Zealand which are held or claimed by virtue of purchases or pretended purchases, gifts or pretended gifts, conveyances or pretended conveyances, leases or pretended leases, agreements, or other titles, either mediately or immediately from the chiefs or other individuals or individual of the aboriginal tribes inhabiting the said colony, and which are not or may not hereafter be allowed by Her Majesty, her heirs and successors, are, and the same shall be, absolutely null and void:

Provided, and it is hereby declared that nothing in this ordinance contained is intended to or shall affect the title to any land in New Zealand already purchased from Her Majesty's Government, or which is now held under Her Majesty.

Governor may appoint commissioners to hear, examine, and report on claims to grants of land in New Zealand.

3. And whereas Her Majesty hath, in the said instructions, been pleased to declare Her Majesty's gracious intention to recognise claims to land which may have been obtained on equitable terms from the said chiefs or aboriginal inhabitants or inhabitant of the said colony of New Zealand, and which may not be prejudicial to the present or prospective interests of such of Her Majesty's subjects who have already resorted or who may hereafter resort to and settle in the said colony;

And whereas it is expedient and necessary that, in all cases wherein lands are claimed to be held by virtue of any purchase, conveyance, lease, agreement, or any other title whatsoever from the said chiefs or tribes of any aboriginal inhabitants or inhabitant whomsoever of the said colony of New Zealand, an inquiry be instituted into the mode in which such claims to land have been acquired, the circumstances under which such claims may be and are founded, and also to ascertain the extent and situation of the same:

Be it therefore enacted and ordained, that it shall and may be lawful for the governor of the said colony of New Zealand, and he is hereby authorised and empowered, to issue one or more commission or commissions and thereby to appoint commissioners, who shall have full power and authority under the same, to hear, examine, and report on all claims to grants of land in virtue of any of the titles aforesaid in the said colony of New Zealand; and each of such commissioners shall, before proceeding to act as such, take and subscribe before a judge of the supreme court of New Zealand, or before such person as the governor or chief-justice for the time being shall, in writing, appoint for that purpose, the oath set forth in the schedule to this act annexed, marked A, which oath shall be recorded in the office of the colonial secretary of the said colony.

Commissioners to be guided by the real justice and good conscience of the case.

6. And be it enacted and ordained that, in hearing and examining all claims to grants as aforesaid and reporting on the same, the said commissioners shall be guided by the real justice and good conscience of the case without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure or that is laid before them, whether the same be such evidence as the law would require in other cases or not; and that the said commissioners shall in every case inquire into and set forth, so far as it shall be possible to ascertain the same, the price or valuable consideration, with the sterling value thereof, paid for the lands claimed to any of the said chiefs or tribes, or any aboriginal inhabitants or inhabitant of the said colony of New Zealand, as well as the time and manner of the payment, and the circumstances under which such payment was made, without taking into consideration the price or valuable consideration which may have been given for the said lands by any subsequent purchaser or to any other person or persons save such chiefs or tribes or aboriginal inhabitants or inhabitant as aforesaid.

And shall also inquire into and set forth the number of acres which such payment would have been equivalent to, or according to the rates fixed in a schedule marked B annexed to this ordinance:

And if the said commissioner, or any two of them, shall be satisfied that the person or persons claiming such lands or any part thereof is or are entitled, according to the declaration of Her Gracious Majesty, as aforesaid, to hold the said lands or any part thereof, and to have a grant or lease thereof made and delivered to such person or persons under the great seal of the said colony, they, the said commissioners, shall report the same and the grounds thereof to the said governor accordingly, and shall state whether the claim or claims reported on is or are original or derivative, with the name or names of the party or parties to whom the grant or lease should issue: and shall set forth the situation, measurement, and boundaries by which the said lands or portions of land shall and may be described in every such grant or lease, so far as it shall be possible to, and they conveniently can, ascertain the same.

Provided, however, that no grant of land shall be recommended by the said commissioners which shall exceed in extent two thousand five hundred and sixty acres, unless specially authorized thereto by the governor with the advice of the executive council, or which shall comprehend any headland, promontory, bay, or island that may hereafter be required for any purpose of defence, or for the site of any town or village reserve, or for any other purpose of public utility, nor of any land situate on the seashore within one hundred feet of high-water mark.

Provided, also, that nothing herein contained shall be held to oblige the said governor to make and deliver any such grants as aforesaid, unless his excellency shall deem it proper so to do.

Certain lands not to be recommended by commissioners for grants.

7. Provided nevertheless, and be it enacted and ordained, that the said commissioners shall not propose to grant to any claimant whatsoever any land which may, in the opinion of the majority of the said commissioners, or of the majority of the commissioners appointed to investigate the demand of such claimant, be required for the site of any town or village, or for the purpose of defence, or for any other purpose of public utility, nor shall they propose to grant to any individual any land of a similar character which they may be directed to reserve by the governor of New Zealand; but that, in every case in which land of such description would otherwise form a portion of the land which the commissioners

« iepriekšējāTurpināt »