Mr. Lincoln to Mr.
Foster.
Legation of
the United States,
London, February 28, 1893.
(Received March 13.)
No. 931.]
Sir: Referring to your instruction numbered 1027,
of the 11th ultimo, I have the honor to inclose herewith copies of a note
which I addressed to the Earl of Rosebery on the 9th instant, and of his
lordship’s reply, with respect to the land claim of Mr. W. Webster in New
Zealand.
In an interview with his lordship on the 15th instant, I had called his
personal attention to the subject and had spoken briefly upon the difficult
situation of Mr. Webster when he was led into writing the letter, which, in
my view, was really only an expression of trust in the fair dealing of the
land tribunal as to the good faith of his purchases, but was by the New
Zealand authorities seized upon as an abandonment of his actual citizenship
and estopping him from asserting his rights thereunder.
I have not understood that I was to propose an arbitration in the first
Instance, and as the claim is being reconsidered, it would seem to be a
subject for later consideration, if necessary.
I have, etc.,
[Inclosure 1 in No. 931.]
Mr. Lincoln to Lord
Rosebery.
Legation of the United States,
London, February 9,
1893.
My Lord: With reference to the note of Marquis
of Salisbury, of August 18, 1891, relative to the claim of William
Webster, growing out of the alleged wrongful deprivation of lands owned
by him in New Zealand, I have again the honor, under the instructions of
the Secretary of the State, to bring the subject of a consideration of
Mr. Webster’s claim to the attention of Her Majesty’s Government, and to
say that my Government is unable to admit the validity of the ground
upon which was put, in the above-mentioned note, the declination of Her
Majesty’s Government to consider the claim as that of an Ameriean
citizen entitled to the protection of the principle as to land claims of
foreigners in New Zealand, which was announced by Lord Aberdeen to Mr.
Everett on February 10, 1844, as that which was to control the
administration of the then newly organized colony.
The declination I have referred to was based upon the proposition, as
stated, that Mr. Webster voluntarily accepted the conditions imposed
upon him by Governor Fitzroy in 1841, and submitted his claims as a
British subject under the colonial ordinance of that year, and it is my
duty to represent to your lordship that, in the view of my Government,
this proposition is not supported by the uncontroverted facts in the
case.
Mr. Webster is a native-born citizen of the United States, and has never
in any manner renounced that status. Having acquired lands in good faith
from the natives of New Zealand, he was, with all other foreigners, upon
the assumption of sovereignty over that country by Her Britannic
Majesty, ordered to present his claims to land for the consideration of
the new colonial authorities, and he presented claims distinctly and
formally asserting his American citizenship. Upon this a letter was
written to him, demanding that he should distinctly state whether he
claimed as a British subject or as an American citizen.
By his reply he left himself resting upon his former distinct assertion
of his American citizenship, and said in effect he was willing to trust
the decision of the bona fides of his land claims to the tribunal before
which he, as were all other foreigners, was compelled by public order to
appear. This tribunal admitted the bona fides of his purchasers as to
many thousands of acres of land, and then applied to him an arbitrary
rule, which, if enforceable against British subjects, was not properly
enforceable against foreigners. This arbitrary rule was that no claim
should be recognized for more than 2,560 acres of land without the
special authorization of the governor in council; and it is the view of
my Government that, by its enforcement against Mr. Webster, he was
wrongfully deprived by the New Zealand Government
[Page 320]
of many thousands of acres of land, the
title of which was lawfully vested in him, and that this deprivation was
an administrative act in clear disregard of the assurance given by Lord
Aberdeen in the premises to Mr. Everett.
Since the above mentioned note of Lord Salisbury, the subject has been
reexamined by the Committee on Foreign Relations of the Senate of the
United States, and I have the honor to inclose, and to invite your
lordship’s consideration of, a copy of the report of that Committee,
which gives, much more fully than I have attempted to do, the grounds
upon which my Government find themselves unable to assent to the
disposition of Mr. Webster’s case indicated in Lord Salisbury’s
note.
I venture to express the hope that the examination of these grounds will
cause Her Majesty’s Government to reconsider this case, and to take a
more favorable view of it than they have heretofore done.
I have, etc.,
[Inclosure 2 in No, 931.]
Lord Rosebery to
Mr. Lincoln.
Foreign
Office, February 25,
1893.
Sir: I have the honor to acknowledge the
receipt of your note of the 9th instant respecting the the land claim of
Mr. W. Webster in New Zealand, in which you forward a report on the
case, by the Committee on Foreign Relations of the Senate of the United
States, and ask that the decision arrived at with regard to it by Her
Majesty’s Government may be reconsidered.
I have to state in reply that a fresh communication on the subject was
made to the Government of New Zealand in August last; that their
attention will be again called to it; and that, on the receipt of their
reply I will consider the matter in consultation with the Secretary of
State for the Colonies.
I have, etc.,
