THE New Zealand Herald AND DAILY SOUTHERN CROSS. WEDNESDAY, OCTOBER 19, 1892.

New Zealand Herald, Volume XXIX, Issue 9013, 19 October 1892, Page 4

THE New Zealand Herald AND DAILY SOUTHERN CROSS. WEDNESDA Y, OCTOBER 19, 1892.

A paragraph is going the rounds of the English papers, in which it is stated that a claim is being made on the Government of New Zealand for 500,000 acres of land on behalf of William Webster, an American citizen. We observe that one newspaper, in making the statement, follows it up with a remark that the whole affair is probably a Yankee yarn, and not worth attention. It is not quite that, however, and as it may lead to some trouble yet, and forms an interesting page in the early history of the colony, we may state the circumstances. Sir. Webster was a trader at Coromandel in 1839, and is the "Wepiha" spoken of by Dr. Campbell in his " Pounamu." Towards the close of 1839, when it became certain that the sovereignty of New Zealand was about to be acquired by Great Britain, Mr. Webster, as did many others, dealt largely with natives for land. There was then no way or ascertaining for certain whether the natives who proposed to sell were the owners, and there was no survey. What took place immediately on the establishment of the colony to settle these land claims will be afterwards narrated. In 1674, Mr. Webster pressed his claims on the British Government, and the Secretary for State communicated with the Colonial Government on the subject. A report was made by the Commissioner of Crown Lands and the Colonial Secretary, and Lord Carnarvon said that, having considered the whole matter, the only conclusion he could come to was, " that not only has Mr. Webster no claim to compensation, but that he has been treated throughout with exceptional liberality." But Mr. Webster claims to be an American citizen, and in 1887 he brought his claims before the Senate, and obtained a report in his favour. This report stated that Mr. Webster had purchased lands before Great Britain acquired the sovereignty over New Zealand, and that the claim for indemnity was founded in justice, "and deserves the cognisance and support of the Government of the United States." The report also recommended that the President should take such measures as may "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 lie has been deprived by the act or consent of the British Government." The Colonial Office forwarded this report to the colony, and Sir Robert Stout, who was then Premier, wrote a memorandum on the subject. From thisit appears that the first notification received from Mr. Webster in relation to his claims was in May, 1841. He was asked whether he claimed as a British or as an American citizen, as upon that would depend how his claims were dealt with. He replied that he wished his claims ,to be laid before the Commissioners appointed for that purpose, and was willing to take his chance with all others. It was therefore taken for granted that he intended his claims to be heard as those of a British subject. Mr. Webster appeared before the Commissioners' Court, and gave his evidence, never asserting any exceptional position as an American citizen ; he accepted the awards in each claim, and the Crown grants issued in virtue of such awards. Mr. Webster's claims included the following lands: —250 acres at Coromandel;. 600 acres, being part of an island at Coromandcl ; 1500 acres on the River Thames ; 2500 acres at the head of Coromandel harbour ; 1000 acres, east side of Coromandel harbour ; the whole of the Great Barrier island; the island of Motutaupere, Coromandel harbour; 3000 acres river Thames; a block of land at Point Rodney, having eight miles frontage and running back eight miles; 3000 acres at Tairua, Bay of Plenty ; 3000 acres on Waiheke ; 6000 ; acres, Big Mercury Island ; 80,000 acres on the Piako ; 2000 acres on Waiheke ; 20,000 acres, being the whole of the Great Barrier Island. All these claims were adjudicated upon, and grants were issued to Mr. Webster, or his assigns, for the land he was found

entitled to. In his petition to the Senate of the United States Mr Webtter claimed 500,000 acres. The J total claim, as shown in the Gazette, ' amounted to 132,000 acres. Mr. Webster | said he had paid in goods £19,834. The I consideration paid in cash and mer- • chandise, as proved before the Court, I the goods being estimated at three l times their retail selling price in ! Sydney, was £5876. Mr. Webster ! alleged that his lands had been confiscated without a hearing and without notice. Mr. Webster was examined as to all these claims. There was a gross award to Webster and I his assigns of 41,924 acres. Webster declared in his petition to the Senate j that his rights had not been recognised ; because of " his repeated refusals to renounce his allegiance to the United States and to become a British subject." The reply to this is, that he was required to declare whether he advanced his claims as a foreign subject or a British subject, and his reply and subsequent conduct proved that he elected to come before the Commissioners as a British subject. Sir R. Stout's elaborate memorandum of 1887 did not, however, conclude the matter. In 1890, Mr. Lincoln, United States Minister in London, sent a reply, with a claim that Mr. Webster might still come in as an American citizen for compensation, this compensation being put down at upwards of £265,000, with interest from 1840 ! Mr. Lincoln states that the Committee of the Senate on Foreign relations had considered Sir Robert Stout's reply, and still re commended the matter to the attention of the President, "as a claim that .is worthy of consideration." The Committee of the Senate contend that Mr. Webster never relinquished his claim as an American citizen, and they make a detailed reply to Sir R. Stout's memorandum. Sir F. D. Bell replies to the last memorial of the Committee of the Senate by showing that Mr. Webster had his choice between staying outside the ordinance of 1841 in his character of American citizen, or of submitting his claims under the condition imposed by the Governor. He made his election, and submitted them. He appeared before a Commission in 1841, petitioned the Governor in 1844 for a re-hearing, obtained that re-hearing, received a number of Crown grants, resigned these to his creditors ; and now he wants to come in as an American citizen, under a note,of Lord Aberdeen in 1840, stating how claims by Americans would be dealt with. The next paper in the long series is by Lord Salisbury, in which he states that all the papers have been most carefully examined in consultation with the law officers of the Crown, with a result unfavourable to the claim, as it is shown that Mr. Webster waived his right to be treated as an alien. Lord Salisbury concludes : —" Under these circumstances, Her Majesty's Government regret that they are unable to reopen the case, or to entertain Mr. Webster's claim for further compensation." But the United States Government are not inclined to take no for an answer when they have such a popular card in their hand as pushing the claim of an American citizen for compensation against the British Government. In June, 1891, Mr. Herbert T. Lincoln, United States Minister, again addresses the Marquis of Salisbury, regretting that an unfavourable view had been taken of the claim, and saying that there had been a misapprehension of the facts. It is contended now that. Mr. Webster was deprived of his lands by the Commissioners under the Land Claims Act of 1856, and that at that time Mr Webster was not in New Zealand, but in the United States. The British Government, however, adhere to the point that Mr. Webster having voluntarily accepted the condition imposed on him by Governor Fitzroy, and having submitted his claims as a British subject, could not afterwards bring in a fresh claim as an American citizen. The last " move " in the matter is that the United States Government propose to submit the matter to arbitration. And so the matter stands, awaiting further developments. If Mr. Webster was 25 years of age in 1839, he must be 76 now. In all probability, he has allowed his mind to dwell for many years upon the immense possessions he once owned in New Zealand, which have now increased so greatly in value by the unearned increment. If it depended only on himself he would probably let the whole thing slide, but no doubt he has been talking to others, and some of his enterprising countrymen have seen a chance of getting at the Britisher with a little Alabama claim. Little it no doubt is, as compared with that celebrated case, but when we, with a load of debt upon us we can scarcely stagger under, and hardly knowing how to make ends meet, are met with a claim for £265,000, with interest from 1840, we quite lose our breath. But, notwithstanding, justice must be done even if the heavens should fall. Judging conscientiously, however, we cannot see that Mr. Webster has a shadow of a claim. He went into a risky speculation, and was successful by the establishment of New Zealand as a British colony. But for that, he never would have realised a penny for all his investments. He submitted his claim to a Court, Crown grants were issued for all the land he proved a fair title to, and these lands have since been held by his assigns. ,