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all the means of conciliation to the end that justice may be done, the offended and injured nation has the incontestable right, before appealing to arms, to resort to measures of enforcement, more or less rigorous, more or less extensive, generally defined under the name of reprisals. (1 Calvo, Droit Intern., sec. 675.)

In expressing these considerations respecting the right of special reprisals your committee do not desire to be understood as advising such action. The most important function at the present day of this principle of international law is its force as an argument in support of a proposition for arbitration in such cases as this, and it is solely with that view, at present, that your committee has alluded to it.

Your committee recommend the adoption of the following resolutions:

Resolved by the Senate, That after due reëxamination 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 sovereignty over that country by a treaty made with said chiefs, and after due examination of the refusal of the Government of Great Britain to entertain such claim, and of the allegations and principles upon which such refusal is based, 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; and that the President is particularly requested, among other measures that may seem to him proper, to propose to the Government of Great Britain that the entire contention be submitted to arbitration to the end that a final and conclusive settlement thereof and of all questions in volved may be thereby attained.

CLAIM OF WILLIAM WEBSTER.

Senate Ex. Doc. No. 23, Fifty-second Congress, first session.

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMIT-
TING A REPORT OF THE SECRETARY OF STATE UPON THE CLAIM OF
WILLIAM WEBSTER AGAINST THE GOVERNMENT OF GREAT BRITAIN.

JANUARY 26, 1892.-Read, referred to the Committee on Foreign Relations, and ordered to be printed.

To the Senate of the United States:

Referring to a communication of June 11, 1890, concerning the adop tion by the Committee on Foreign Relations of a resolution respecting the claim of William Webster against the Government of Great Britain, I herewith transmit a report of the Secretary of State, with accompanyBENJ. HARRISON. ing documents, showing the action taken under that resolution.

EXECUTIVE MANSION,

Washington, January 25, 1892.

The PRESIDENT:

On the 11th of June, 1890, the Senate Committee on Foreign Relations advised you of its adoption of the following resolution:

Resolved, That the papers in the case of William Webster be transmitted to the President with the statement that the committee respectfully recommend this matter to his attention, with the accompanying papers, as a claim that is worthy of consideration, and with the request that it be made the subject of further negotiation with the Government of Great Britain.

I have the honor to report that by your direction Mr. Lincoln was instructed September 2, 1890, to again present this claim to Her Britannic Majesty's Government. A copy of the instruction and of the subsequent correspondence which has taken place between the two governments with respect to this claim is herewith inclosed, with the suggestion that it be transmitted to the Senate Committee on Foreign Relations for its information.

Respectfully submitted.

DEPARTMENT OF STATE,

Washington, January 18, 1892.

JAMES G. BLAINE.

LIST OF PAPERS TRANSMITTED.

To Mr. Lincoln, No. 350, of September 2, 1890, together with printed memorandum of claim.

From Mr. Lincoln, No. 387, of January 17, 1891.

To Mr. Lincoln, No. 528, of June 3, 1891.

From Mr. Lincoln, No. 515, of August 19, 1891.

No. 350.]

DEPARTMENT OF STATE,

Washington, September 2, 1890. SIR: With his dispatch No. 638, of December 10, 1887, Mr. Phelps inclosed to the Department triplicate printed copies of a memorandum of Sir Robert Stout, governor of New Zealand, on the subject of the claims of Mr. William Webster, a citizen of the United States, to lands in that colony. In that memorandum Sir Robert Stout reviews the history of the claims and makes an extended reply to a report of the Committee on Foreign Relations of the Senate of the United States who have for some time had the subject under consideration. The committee were furnished with a copy of that reply and gave it careful consideration. The result of that consideration is that on the 11th of June last the chairman of the committee, by their direction, advised the President of the adoption by the committee of the following resolution:

Resolved, That the papers in the case of William Webster be transmitted to the President with the statement that the committee respectfully recommend this matter to his attention with the accompanying papers as a claim that is worthy of consideration, and with the request that it be made the subject of further negotiation with the Government of Great Britain.

The Department has made the matter the subject of careful examination with a desire to arrive at a just determination and finds itself unable to accept the conclusions stated in Sir Robert Stout's memorandum. The reasons why it is unable to accept those conclusions are set forth in a memorandum which accompanies this instruction and of which you are directed to furnish copies for the consideration of Her Britannic Majesty's Government.

It is believed that Her Majesty's Government, upon a perusal of this document, will find that the conclusions stated in the memorandum of the governor of New Zealand, and the arguments and allegations, some of them injurious to the claimant, by which those conclusions are reached, are not justified by the facts as disclosed in the documents furnished by the governor.

It is hoped that a way may be found, by friendly consultation between the two Governments, to afford Mr. Webster the fair and impar tial disposition of his claims to which it is thought that he is entitled. I am, etc.,

ROBERT T. LINCOLN, Esq.,

WILLIAM F. WHARTON,
Acting Secretary.

London.

CLAIM OF WILLIAM WEBSTER AGAINST GREAT BRITAIN.

ORIGIN OF MR. WEBSTER'S CLAIMS.

William Webster, when quite a young man, went to New Zealand with a capital of $6,000 invested in general merchandise suited to trade with the native population. Being of an enterprising disposition, he rapidly extended the scope of his business. He learned the language of the people, cultivated friendly relations and traded with them. He purchased lands and established trading stations, not only for the sale of merchandise, but also for the sale of timber and other products of the lands which he had purchased. He was one of the pioneers of civilization in that country. He had no connection with the Government of the United States other than that of citizenship, and nothing to rely upon but his own energy and resources and such assistance as he could privately obtain From 1835 to 1840 Mr. Webster had, as he states, invested in lands in New Zea land, in the form of cash and of merchandise, about $78,000, and had acquired by deed from the native chiefs in all about 500,000 acres of land.

ANNEXATION OF NEW ZEALAND BY GREAT BRITAIN.

On January 30, 1840, William Hobson, a captain in the British Navy, issued a proclamation as lieutenant-governor of the British settlement in progress in New Zealand, declaring the extension of_the_former boundaries of New South Wales so as to comprehend any part of New Zealand that had been or might be acquired in sovereignty by Her Britannic Majesty. On the same day he issued another proclamation, by which it was declared that Her Majesty did not deem it expedient to recognize as valid any titles to land in New Zealand which were not derived from or confirmed by Her Majesty. But, said the proclamation, in order to dispel any apprehension that it was intended to dispossess the owners of land acquired on equitable conditions, and not in extent or otherwise prejudicial to the present or prospective interests of the community," Her Majesty had directed that a commission should be appointed, before which all claims to land would have to be proved.

66

On the 6th of February, 1840, a week after the issuance of these proclamations, Governor Hobson, on the part of Her Britannic Majesty, concluded with the native chiefs the treaty of Waitangi, by which, for the sole consideration of being made subject to the British Crown, they ceded their sovereignty and powers. Nevertheless, the treaty confirmed and guarantied to the "chiefs and - tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession." The only qualification of this confirmation and guaranty of title is the cession to Her Majesty of a right of preemption of such lands as the native proprietors might, at any time, be disposed to alienate. This was only a further recognition of the title of the native chiefs, from whom Mr. Webster's titles were also derived prior to the date of the treaty. It is therefore unnecessary to argue that the title of Mr. Webster was equal in origin with that of the British Crown, and, being prior in time, was superior in right and could not be affected either by the proclamation of Governor Hobson or by the treaty of Waitangi.

POSITION OF MR. WEBSTER AFTER ANNEXATION.

The position in which Mr. Webster found himself after the proclamations of Governor Hobson is very simply, but not the less forcibly, stated in a letter to J. H. Williams, esq., United States consul at Sydney, New South Wales, dated November 4, 1840. In this letter Mr. Webster said:

"No doubt you are aware that the British Government have taken possession of some parts of these islands and have issued proclamations and other notificacations that all titles to land acquired from the native chiefs are to be sent to the colonial secretary's office at Sydney to be examined. I suppose they intend to allow whatever portion of land they may think proper. I beg to call your attention to know what all Americans in this island are to do with the large quantity of land they have purchased.

"No doubt you are aware that a great part of the oil taken by American ships is caught on this coast, and I can safely say that there are ten American ships come into these ports to recruit to one ship of any other nation. I beg to acquaint you of the valuable lands I have purchased from independent chiefs of this place, and beg you will make it known to the American Government as early as possible. The land purchased by me and the amount paid for it is as follows: Paid for Barrier Island, in March, 1837, and the title deeds, signed by thirty-six independent chiefs, giving up all right and title to the same, cash and merchandise ....

Paid for part of the island of Waiheke, in 1836.

£1,200 558

Paid for land at Coromandel Harbor, in 1836.

1,000

[blocks in formation]

Paid for river Piako, 1839.

1,375

Amount expended in building and other improvements, from 1835 to

1840...

9,060

Total....

15, 607

Equal to about $78, 145.

"You will see by the copy of the title deeds that I have expended equal to $78145, for which I have bought about 500,000 acres of land, and, to the best of my knowledge, there has been about 1,000,000 acres purchased in these islands by citizens of the United States, and for which they have expended about £50,000 sterling, besides several years' labor and running great risks where the natives were not civilized. They (the British Government) have already put me to a loss of £6,000 sterling by their acts. They have not taken any of my land as yet, but I expect they will take all from me and every other American, unless our Government will take it in hand to stop it. I trust you will make this known to the United States Government as early as possible, so that all Americans may know how to act in this case."

BRITISH ORDINANCES.

Prior to the date of this letter an act was passed in New South Wales for the purpose of creating a commission "to examine and report on claims to grants of land in New Zealand," and it was doubtless the passage of this act that gave rise to the reports to which Mr. Webster adverted in his letter. Subsequently this act became inoperative by reason of the severance of New Zealand from New South Wales, and on June 9, 1841, an ordinance, which was virtually a transcript of the New South Wales act, was passed in New Zealand by the governor and his council. This ordinance and the prior act, both of which were drawn in conformity with instructions of the home Government, declared:

"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.'

It was further provided that no grant of land should be recommended by the commissioners under the ordinance which should exceed in extent 2,560 acres, unless they were specially authorized thereto by the governor, with the advice of the executive council, or which should comprehend any headland, promontory, bay, or island that might be required for the purpose of defense, 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 100 feet of high-water mark. And it was further provided that nothing in the ordinance should oblige the governor to make and deliver any grant unless his excellency should deem it proper to do so. There was also a provision that the commissioners should not recommend any grant whatever of any land which, in the opinion of a majority of them, might be required for the site of any town or village, etc.

ORDERS RESPECTING FOREIGNERS.

By an order of the lieutenant-governor of New Zealand dated February 9, 1841, it was directed that all persons not the subjects of Her Majesty who had purchased land from the aborigines previous to January 30, 1840, should forward a copy of their claims to the colonial secretary's office at Auckland on or before June 1, 1841.

In the New Zealand Gazette of October 20, 1841, there was published another order of the governor, in which it was stated “for the information of foreigners claiming land in New Zealand by purchase from the natives prior to the procla mation issued by his excellency Sir George Gipps, bearing date the 14th day of January, 1840, that by a dispath 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 fer that purpose."

The order continued as follows: "Such foreigners, therefore, as have not already forwarded the particulars of their claims to the 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, the names of the native sellers, and the consideration paid to them, and, in case of the claims being derivative, the name of the intermediate possessors of the land and of the original purchaser and the consideration given by him to the natives."

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