would propose to grant to the claimant, they shall in lieu of such land propose to grant to him or her a compensation in such quantity of other land as they, the said commissioners, or the majority of them, shall deem an equivalent for every acre or part of an acre so required to be reserved either for the site of a village or township, or for the purpose of defence, or for any other purpose of public utility as aforesaid.

8. [Commissioners' meetings.]

9. [Powers of commissioners to examine witnesses.]

10. [Person summoned not appearing, or refusing to give evidence, may be apprehended under warrant of commissioners, and punished by fine or imprisonment.]

11. [Salaries to be paid to commissioners.]

12. Fees to be taken by commissioners on account of the Government.]

Saving the right and prerogative.

13. Provided always, and be it declared and ordained, that nothing in this ordinance contained shall be deemed in any way to affect any right or prerogative of Her Majesty, her heirs or successors.

And 50 per cent above these rates for persons not personally resident in New Zealand, or not having a resident agent on the spot.

Goods when given to the natives in barter for land to be estimated at three times their selling price in Sydney at the time.

SCHEDULE C.-[Fees to be received by the said commissioners.]

The above ordinance was almost a literal transcript of the act of New South Wales, 4 Vict., No. 7, passed on the 4th August, 1840, but which became inoperative by reason of the severance of New Zealand from New South Wales in the same year. Under the last-named act Sir George Gipps, governor of New South Wales, appointed Colonel Godfrey and Captain M. Richmond, of H. M. 96th Regiment of Foot, to be two of the first commissioners; on the passing of the New Zealand ordinance, Governor Hobson renewed their appointment; and the confirmation of such appointment by the secretary of state was published in the New Zealand Gazette on the 5th April, 1843.

THE FIRST COMMISSION.

Commissioners Godfrey and Richmond formed what is generally called the first commission. The one or other of them visited the locality of each claim, and took the evidence on oath of the claimant and his witnesses, and of any natives either for or in opposition to the claimant at the place of their respective residences in different parts of the colony. The evidence was always taken down in the handwriting of the commissioner who received it, and when signed by the

witness was countersigned by the commissioners, with the date of the day when the evidence was taken. The commissioners afterwards met at headquarters and agreed upon a separate or joint report in each case, as the circumstances might seem to require.

Many claims which had been sent in to the colonial secretary, Sydney, for adjudication, and had been notified in the New South Wales Gazette, were subsequently decided by the commissioners under the New Zealand ordinance. These claims had been numbered consecutively as cases in the order of their being sent in at Sydney, and where several claims were received from the same individual they were numbered collectively as one case, the several claims therein bearing the same number with a distinguishing alphabetical letter annexed. Two hundred and eighty of these cases were gazetted in Sydney, and the same system of numbering was continued in New Zealand in respect of all subsequent cases received in New Zealand, until the total number of cases amounted to 459.

The first commission concluded its labors by reporting on all the claims referred to it. Major Richmond, on the 8th March, 1844, was appointed superintendent of the southern division of New Zealand, and Colonel Godfrey returned to England. Mr. William Spain was also a commissioner contemporaneously with the first commission, but, as his labors were almost exclusively limited to the investigation of claims arising out of the New Zealand Company's transactions, he is not included in the first commission within the meaning of this document.

In the year 1844 an ordinance in amendment of the above-recited ordinance was passed, giving to a single person the powers granted to two commissioners under the ordinance of 1841. This was called "The land claims ordinance, 1814, Session III No. 3;" and. Mr. Robert Appleyard FitzGerald being appointed, on the 25th March, 1844, sole commissioner thereunder, he formed what is herein called the second commission.

The reports of the commissioners were inconclusive, as they had to be confirmed by the governor, who also had the power of review in any case which he might think special. As a fact, Governor Fitzroy confirmed only one report of the first commission on Webster's claims, the one in case No. 3051, all the reports being sent to the second commission for reconsideration, with a view to making enlarged awards, as will appear hereafter.

With these remarks in explanation, the following narrative of the proceedings in relation to Webster's claims will be better understood.

The following notifications to foreigners in relation to bringing forward their claims to land for adjudication by the commissioners had from time to time been published in the New Zealand Gazette:

Notification to foreigners to bring forward their claims.

[Extract from the New Zealand Government Gazette, Kororareka, Bay of Islands, 12th Feb

ruary, 1841.]

COLONIAL SECRETARY'S OFFICE, Russell, 9th February, 1841. His excellency the lieutenant-governor directs it to be notified that all persons not the subjects of Her Britannic Majesty, Queen Victoria, who may have purchased land from the aborigines within any of the islands of New Zealand previous to the 30th day of January, 1840, are hereby requested to forward a copy of their claims to the colonial secretary's office at Auckland on or before the 1st day of June next.

By his excellency's command.

WILLOUGHBY SHORTLAND.

[Extract from the New Zealand Government Gazette, Aukland, No. 14, 20th October, 1841, page 86.

His excellency the governor has been pleased to direct it to be notified, for the information of foreigners claiming land in New Zealand by purchase from the natives prior to the proclamation issued by his excellency Sir George Gipps, bearing date the 14th day of January, 1840, that by a dispatch from the right hon. Her Majesty's principal secretary of state for the colonies, it is ordered that all claims, whether British or foreign, be investigated and disposed of by the commissioners appointed for that purpose. Such foreigners, therefore, as have not

already forwarded the particulars of their claims to this Government are required to send them to this office without delay.

These particulars should set forth the precise situation of the land claimed, its extent and boundaries, and the names of the native sellers, and the consideration paid to them, and, in case of the claims being derivative, the names of the intermediate possessors of the land and of the original purchaser, and the consideration given by him to the natives.

By his excellency's command.

WILLOUGHBY SHORTLAND.

The first notification received from Mr. Webster in relation to his claims was as follows:

Mr. Webster to the Colonial Secretary, New Zealand.

AUCKLAND, 1st May, 1841.

SIR: I have the honor to enclose, for the information of his excellency the governor, a copy of a letter addressed by my solicitors, Messrs. Chambers and Holden, to the colonial secretary of New South Wales, respecting certain lands in New Zealand alleged to have been purchased from me by the Messrs. Abercrombies and others, but which purchase has never been completed.

SIR: With reference to the claims to land at New Zealand advertised in the Government Gazette in the notices of that date* and sections referred to in the margin (Cases Nos. 28, 29, 29A, 29B, 29D, 30, 31, 32, 80, 83, 93), or any other claims of like nature purporting to be derived by purchase from me by any of the following persons, viz, Wm. Abercrombie, Peter Abercrombie, Charles Abercrombie, John Mackay, J. Nagie, Munro, I have the honour to enter my respectful caveat against them on the ground that the purchase-money has never been, in fact, paid me. The deeds I receipt (signed) were completed by me on the assurance that credit for the several amounts of purchase-money should be given me in the books of Messrs. Wm. Abercrombie and Co. This engagement has never been fulfilled, and I have been compelled to commence a suit in chancery, which is now pending in the Supreme Court, to compel them either to pay me the price or to set aside the sale. In the mean time, I respectfully request that no grant may issue upon the applications referred to.

I have, etc.,

WM. WEBSTER,

By his attorneys, D. CHAMBERS AND HOLDEN.

Address to the care of my solicitors, D. Chambers and Holden.

Mr. Webster to Mr. Commissioner Richmond.

HAURAKI, NEW ZEALAND, 1st July 1843.

SIR: I hereby withdraw my protest, dated Sydney, March, 1841, with reference to land claimed by Messrs. Abercrombies, McKay, Munro, and others, as the matter has been settled.

Yours, etc.,

Major RICHMOND.

WM. WEBSTER.

No date given in the original. The Gazettes referred to are dated Sydney, 9th and 23rd March, 1841.

Mr. Webster first submitted his own claims for examination by a letter to the colonial secretary, New Zealand, dated the 20th July, 1841, which, together with the answer returned to him and his own reply, are hereunder next printed :

Mr. Webster to the Colonial Secretary, New Zealand (bringing forward his land claims).

COROMANDEL HARBOUR, 20th July, 1841.

SIR: I have sent seven copies of titles to land and seven* statements of purchases, which I beg you will lay before the commissioners; for examination only. I have sent all my claims to land in this country before the United States Government, by the advice of the American consul of Sydney, and I trust his excellency Governor Hobson will not suffer any of my lands to be interfered with until the question is settled. I have been a resident in New Zealand for seven years, and have expended a large sum of money and undergone a great deal of trouble and hardships.

I am willing to come forward and prove all my purchases; but I trust that I shall be allowed time to do it, for I am very busy now with ships, and am under heavy penalties for the fulfilments of my agreement, and I find it will take a long time to get all the natives and witnesses to my purchases of lands together, and the expense will be very great. I find myself already at a great loss, and it appears to me that I am to be put to much more, and I do not know who to look to for it. I trust, when my claims for purchases to land (in this country) are examined, that they will prove to be all well understood by them that hear them, and it was all bought before that any government was formed here; and I further consider that all I have has been dearly earned, and I trust that, before I am dispossessed of any of it, it will be proved who has the best right to it. Hoping that I have not made any unjust remarks,

I have, etc.,

WM. WEBSTER.

The Colonial Secretary to Mr. Webster (requiring him to declare whether he claims land as a British or foreign subject).

COLONIAL SECRETARY'S OFFICE,
Auckland 7th August, 1841.

SIR: I have had the honour to receive and lay before his excellency the governor your letter of the 20th ultimo, transmitting copies of titles of claims to land in New Zealand, and am instructed to acquaint you that you must distinctly state whether you claim the land as a British or American subject. If the former, your case will take the course the law prescribes; if the latter, your claims must depend upon the decision which may be arrived at by the joint consent of both Governments. The governor further directs me to inform you that in seeking assistance from a foreign government you must relinquish all the rights of a British subject, such as the ownership of a British vessel, which you are now understood to posess; but, if the claims be lodged as a British subject, his excellency will consent to their being laid before the commissioners in the usual way. I have, etc.,

Mr. WILLIAM WEBSTER,

WILLOUGHBY SHORTLAND.

Coromandel Harbour.

Mr. Webster to the Colonial Secretary (in reply to the foregoing).

COROMANDEL HARBOUR, 3rd October, 1841.

SIR: In reply to yours concerning my claims to land, I wish my claims to be laid before the commissioners, and am willing to take my chance with all others. But I trust that they may be left until the last, for it will put me to a serious inconvenience to attend to them now.

I have, &c.,

WM. WEBSTER.

Numbered by the commissioners as cases Nos. 305 to 305F.

Memorandum for the Governor.

The information furnished regarding these claims is sufficiently full to enable them to be referred for investigation. It appears from Mr. Webster's letter of July that these are only a part of his claims he mentions twenty-seven as the total number-but states that the documents referring to the other claims are mislaid.

30th October.

Minute by Governor.

WILLOUGHBY SHORTLAND.

Let Mr. Webster's claims be submitted in the usual way. 2nd November, 1841.

W. HOBSON.

Mr. Webster's claims referred to commissioners.

Cases Nos. 305 to 305M. William Webster, of Coromandel Harbour, claimant. Referred to the commissioners appointed under the ordinance of the governor and council, 4 Victoria, No. 2.

Colonial Secretary's Office, Auckland, N. Z., 18th November, 1841.

WILLOUGHBY SHORTLAND.

[Notification of Mr. Webster's claims being referred to the commissioners published in the New Zealand Gazette, No. 19, 24th November, 1841, pages 123, 124.]

From the foregoing correspondence no other inference can be drawn but that Mr. Webster intended to have his claims heard as those of a British subject; and, Firstly, That the governor so interpreted his intention is apparent from the minute of the 2d November, 1841, where, in directing Mr. Webster's claims to be submitted in the usual way, he adopts the course and uses the identical language which the colonial secretary, in his letter of the 7th August, informs Mr. Webster would be adopted if he advanced his claims as a British subject:

Secondly, Mr. Webster, in his reply of the 3d of October, where he expresses his wish that his claims should be laid before the commissioners, requests that very course to be adopted which the colonial secretary informed him would be adopted if he advanced his claims as a British subject:

Thirdly, Mr. Webster appeared b fore the commissioners' court, and gave his evidence on oath in respect of each claim, without protest, after his claims had been notified in the usual way, and never asserted any exceptional claim as an American citizen; and also he accepted the awards in each claim, and the Crown grants issued in virtue of the said awards:

Fourthly, Mr. Webster did not relinquish the rights of a British subject, such as the ownership of a British vessel, which he possessed, and which in the aforesaid letter of the colonial secretary he was informed he would be required to do if he advanced his claims as a foreigner.

It is to be especially noted here that, although Mr. Webster's letter of the 20th July, 1841, to the colonial secretary, wherein he advances his claims as an American citizen, has been submitted to the Senate of the United States, and is referred to in the report of the committee of the Senate (post, p. 41), yet no evidence appears of Mr. Webster having submitted to the Senate either the colonial secretary's letter of the 7th August or his own reply thereto of the 3d October, 1841. From this surprising omission I can not but conclude that it was an act of willful disingenuousness on Mr. Webster's part, done for the purpose of suppressing all evidence which might be adduced to prove that he advanced his claims before the land claims commissioners as a British subject, and not as an American citizen.

The proceedings of the first commission in relation to each of Mr. Webster's claims, and the several awards made therein, were as follows: