had to proceedings at law in the Supreme
Court with a view to this object, and two cases which, from their irregularity, and for other reasons, appeared suitable for the purpose, were selected. From the infrequency of communication between the Northern and Southern Provinces, and the importance of the questions involved, these proceedings have occupied a considerable time, but, on the part of the Government, they were prosecuted with all possible despatch.

At last the judgment of the Court—given in both cases at great length—has been obtained; and it has now become necessary to determine upon the course the Government should pursue.

It appears that three courses of proceeding are open for the adoption of the Government.

1stly. As the judgments which declare the validity of the grants in question are contrary to the general opinion, the Government could appeal against such judgment with a view to obtain the opinion of the highest tribunal, preferably to moving further in the matter.

2ndly. The Government could accept the decision of the Supreme Court, but move no further in the matter; or,

3rdly. At once adopting the judgment of the Supreme Court, it may attempt a general and final settlement of the whole question by a Legislative enactment.

If the Government were to adopt the first of the above-mentioned courses, two more years of doubt and uncertainty would probably elapse before the final decision of the Judicial Committee of the Privy Council could be obtained. It is quite possible that the judgments of our Courts might then be reversed, but in that case, at the distance of two years from the present time, the question would be as far from a settlement as ever; with a greatly diminished probability of any general measure being assented to which would render these grants valid.

The adoption of the second line of proceeding to which I have alluded, viz., merely accepting the recent decisions of the Supreme Court, without moving further in the matter, would not, in any degree, advance the general settlement of the question; because these decisions, in fact, only practically decide the two cases which were submitted to the court; and leave those grants unprovided for which, in accordance with the recent judgments, are probably void for uncertainty; and which are at least practically valueless for want of a description of the land many intended to be conveyed by them. Doubts would also still hang over a great number of grants, the points on which their validity appeared to be least questionable being very various; and a change in the judges to others holding different views on points which are admittedly very obscure and doubtful ones, might at any time re-open the question and perpetuate the evil.

The difficulty in which the Government has hitherto been placed may be said to have been, that whilst strong feelings were, on the one hand, entertained of the absolute necessity which existed for a final settlement of the land question at the earliest possible period, yet there appeared, upon the other hand, almost insuperable difficulties to be overcome, such as taking land from one class of the Queen’s subjects to give it to another; interfering arbitrarily with private rights; acting upon an uncertain and unaccredited rule, which let in some and excluded others; throwing upon the public revenue a charge, and again mortgaging the land revenue to secure private interests.

It may even now be said that the Government is placed in a position which compels it to incur the responsibility of either having the question still unsettled for an indefinite period of time, or of incurring the responsibility of proposing to the Legislature a measure which must be open to some of the objections above stated. I feel, however, so strongly the vast importance of a speedy, general, and conclusive removal of those doubts which hang over nearly all the titles to land in this province, that, without expressing otherwise my opinion upon the recent judgments, which—on account of the important questions they involve, and for future guidance—it may still be necessary to appeal against, I have determined to adopt them, and to propose for your consideration an Ordinance declaring valid and effectual all grants to land which have been made by Her Majesty’s Representative under the public seal of the colony.

I have further purpose in thus adopting, as a rule for guidance, the recent decisions of the Supreme Court, a useful precedent will probably be established; as it is not unlikely that hereafter very important differences may from time to time arise between the Government and large sections of the community, which may involve opposing interests of different classes of the Queen’s subjects, which differences may be of such a nature that the decision of the Supreme Court may be obtained regarding them, and I cannot but think that the interest of the community at large will, in such cases, be generally best served by both parties adopting as their rule of guidance that interpretation of the law which may be placed upon it by its proper expositors.

I have purposely refrained from introducing into the measure I am about to submit for your consideration, some details, which it will probably be found essential to adopt into it, to secure its beneficial working in practice; because I thought it better, in these points, to rely upon the wisdom of the Council, for such improvements in the measure as their practical knowledge of the country may enable them to suggest. Such as the means by which;