β¨ Governance and Land Administration
131
the case of conflicting claims between grantees
as to particular tracts of land, or as to speci-
fic boundaries; their several rights are to be
adjusted upon and adjusted, and by what
standard priority of choice is to be deter-
mined. As also under what regulations main
lines of road and lands, otherwise essential for
public purposes, are to be reserved in cases
where large contiguous tracts of country are
surveyed away, and such like questions which
will naturally suggest themselves as the mea-
sure passes through the Council.
It will be observed, however, that the Go-
vernment have in the measure which I have
alluded apparently aimed at something more
extensive than a mere plan for affirming the
validity of the grants connected with the old
land claims. I should therefore explicitly
state to the Council that doubts different from
those I have already stated, hang over the va-
lidity of nearly all the grants which were is-
sued in the early days of the Colony, and that,
after bestowing the most careful consideration
upon the subject, I think that there are such
serious doubts regarding the validity of the
great majority of these grants, that the Le-
gislature will act wisely in putting this most
important question finally and conclusively at
rest, by passing an Ordinance which will ef-
fecually quiet such doubts.
The foregoing are the causes which have
led me to propose for your adoption an Ordi-
nance which, whilst it relates to a subject be-
set with difficulties, I still regard as a mea-
sure of the very first necessity for the future
prosperity of this country, and from which, if
it is wisely matured by your experience, I be-
lieve that the most lasting benefits will be de-
rived to this Province. In the hope of at-
taining such an end, I have resorted to you
for assistance and advice, in the full certainty
that these will, upon so important a subject,
be afforded me in the same spirit of confiden-
ce and readiness with which I have sought them
at your hands.
Another measure connected with the admi-
nistration of the Waste Lands of the Crown
in the Province of New Ulster has been by
my directions prepared. For the purpose of be-
ing laid before you. The object proposed to
be attained by this measure is to give the
force of law to certain rules which in con-
formity with the powers vested in me by the
Charter and Royal Instructions I have issued
for the regulation of pasturage upon Waste
Lands belonging to the Crown.
In framing the regulations which are em-
bodied in the Ordinance to which I am allud-
ing, I attempted to give the inhabitants of
the Province some share in the administra-
tion of the Waste Lands of the Crown, and
that in relation to points which most nearly
concern the welfare and prosperity of the
middling and humbler classes of society. I
hoped that the result of this would be that
they would soon perceive how dependent their
own future interests and those of their chil-
dren are upon the prudent administration by
the Government of the public lands, and that
they would be brought to understand that the
Government simply administers these lands as
a trustee for the public benefit, and that its
only desire is to maintain the rights of the
public in relation to them.
The management of the Waste Lands of a
Hundred, and of the funds raised from those
who depasture stock upon them, are also sub-
jects in which nearly every colonist must be
interested, and I cannot but think that the
entrusting the settlers with the necessary
powers for these purposes, will have the ef-
fet of creating such public spirit in the coun-
ty, and of gradually infusing the people to
take a far greater degree of interest in the
affairs of the neighbourhood in which they
reside, than they do at present.
Upon the whole I think, that although this
measure may not be so striking in its features
as that which I have submitted to your con-
sideration for the purpose of quieting titles to
land in New Ulster, yet that it will hereafter
be regarded as one of the greatest import-
ance, which ensure very valuable privi-
leges to the inhabitants of this country.
It is only necessary for me to call your at-
tention to one other subject.
No immediate necessity having hitherto
existed for legislating on matters of interest
peculiar to New Ulster, and which were with-
in the jurisdiction of a Provincial Council, no
such Council has yet been constituted for this
Province. At this late date, however, the
circumstances I have before explained, a neces-
sity arose which appeared to call for the imme-
diate enactment of some measure to provide for
the quieting of titles to land. This, whilst
it was a subject of the greatest importance,
was not within the jurisdiction of a Provin-
cial Council, and yet it was a matter of only
provincial interest.
Under these circumstances, I felt justified
in deferring for the present the assembling of
a Provincial Council, and determined to sum-
mon a General Council, composed altogether
of gentlemen of this Province, no other per-
sons having yet been called to this Council.
I did not think it necessary to summon for
this special purpose gentlemen from distant
portions of New Zealand, the matters to be
submitted to you relating wholly to New
Ulster, and being only of provincial inte-
rest.
I feel it necessary to enter into these ex-
planations upon this point, as I should be
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ποΈ
Republication of Addresses by Governor-in-Chief
(continued from previous page)
ποΈ Governance & Central Administration21 August 1849
Land Grants, Supreme Court, Legislative Council, George Grey, Andrew Sinclair
πΊοΈ Proposal for Ordinance on Land Grants
πΊοΈ Lands, Settlement & SurveyLand Grants, Validity, Legislative Council, Ordinance, Public Lands
πΊοΈ Waste Lands Administration in New Ulster
πΊοΈ Lands, Settlement & SurveyWaste Lands, Crown Lands, Pasturage, Public Administration, New Ulster
ποΈ Convening of General Council for New Ulster
ποΈ Governance & Central AdministrationGeneral Council, Provincial Council, New Ulster, Legislative Matters
New Munster Gazette 1849, No 21