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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 interests 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, in the case of conflicting claims between grantees as to particular tracts of land, or as to specific boundaries, their several rights are to be adjudicated on and adjusted, and by what standard priority of choice is to be determined. 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 granted away, and such like questions which will naturally suggest themselves as the measure passes through the Council.

It will be observed, however, that the Government have in the measure to 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 validity of nearly all the grants which were issued 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 Legislature will act wisely in putting this most important question finally and conclusively at rest, by passing an Ordinance which will effectively quiet such doubts.

The foregoing are the causes which have led me to propose for your adoption an Ordinance which, whilst it relates to a subject beset with difficulties, I still regard as a measure of the very first necessity for the future prosperity of this country, and from which, if it is wisely matured by your experience, I believe that the most lasting benefits will be secured to this Province. In the hope of attaining such an end, I have resorted to you for your assistance and advice, in the full certainty that they will, upon so important a subject, be afforded to me in the same spirit of confidence and readiness with which I have sought them at your hands.

Another measure connected with the administration of the Waste Lands of the Crown in the Province of New Ulster has been by my directions prepared for the purpose of being laid before you. The object proposed to be obtained by this measure is to give the force of law to certain rules which in conformity 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 embodied in the Ordinance to which I am alluding, I attempted to give the inhabitants of this Province some share in the administration 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 children 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 subjects 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 effect of creating much public spirit in the colony, and of gradually inducing 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 consideration for the purpose of quieting titles to land in New Ulster, yet that it will hereafter be regarded as a measure of great importance, which will secure very valuable privileges to the inhabitants of this country.

It is only necessary for me to call your attention to one other subject.

No immediate necessity having hitherto arisen for legislating on matters of interest peculiar to New Ulster, and which were within the jurisdiction of a Provincial Council, no such Council has yet been constituted for this Province. It was my intention, however, about this time to have constituted such a Council, to have assembled it for the appropriation of the revenue for the ensuing year, for the despatch of business. The preliminary arrangements for this purpose had been already completed. When, from the circumstances I have before explained, a necessity arose which appeared to call for the immediate 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 Provincial 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 summon a General Council, composed altogether of gentlemen of this Province, no other persons 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 interest.

I do not necessarily require these explanations upon this point, as I should be sorry to do anything which might be drawn into a dangerous precedent, and in order to prevent the possibility of such an evil arising, I shall only submit for your consideration two other measures in addition to those I have already named. One, for the appropriation of the Revenue for the ensuing year, as it is necessary that an Ordinance for that purpose should be transmitted to England without delay, to enable the home Government to make the requisite financial arrangements—and another measure to provide some relief for those persons employed under the Civil Government who were severely wounded during the northern rebellion.

G. Grey,
Council Chambers,
August 1st, 1849.

The Governor laid on the table the following Bills.

1st. "A Bill for quieting Titles to Land in the Province of New Ulster."

2nd. "A Bill to regulate the occupation of Waste Lands of the Crown in the Province of New Ulster."

Mr. Merriman gave notice that he would move for the Returns alluded to in the Governor’s address connected with the Land Claims, but on being informed by His Excellency that the Returns were already prepared and were ready for the inspection of members, he withdrew his notice.

The Attorney General gave notice that at the next meeting of Council he would move the first reading of the Crown Titles Bill.

Council then adjourned until one o’clock on Thursday, the 2nd instant.