(100)

portions of land as they shall be entitled to with-
out delay."

Mr. Earp rose to second the motion of amend-
ment.—He said, I must regret that, in one point, I
do not coincide with my hon. friend, viz.: that his
Excellency has threatened to withdraw the bill, in
consequence of the amendments of the non-official
members being directly opposed to the principle of
the bill. On the contrary, I congratulate your Ex-
cellency, and the colonists also, upon the probable
rejection of the Bill. I have taken a solemn oath
before this Council, to advise his Excellency consci-
entiously, and to the best of my judgment, and now
advise him, if he has any regard to the welfare of
this important colony, or for his own reputation,
without hesitation, to withdraw this Bill and sub-
stitute for it another more in accordance with the
feelings and interests of the colonists. It is generally
understood by the land claimants that a threat
is held out by government, that they will return
to Sir George Gipps' Bill, and with those modifica-
tions of this Bill which her Majesty's govern-
ment has recommended to his Excellency's notice,
I see no objection to Sir George Gipps' Bill.
But with regard to the threat of having only one
Commissioner, as contemplated by the New South
Wales' Act, it is impossible to fall back upon
that, as Sir George Gipps' Bill is not at this
moment law, having been disallowed by her
Majesty's government for the purpose of enabling
his Excellency to introduce a measure of his
own.

The Governor said, that by his instructions
from her Majesty's Secretary of State for the
colonies, he could allow the New South Wales
Act to remain law if he chose.

Mr. Earp resumed.—Whether Sir George Gipps
bill is law or not, we have no reason why falling
back upon that measure should be the only alter-
native, when the wisdom and foresight of the
Home Government, has in a dispatch to his Excel-
lency, provided a better than either; a measure
which, as far as my observations have gone, and
I have shown it to many gentlemen of intelligence
and experience is of that nature, that the colo-
nists, to use a common phrase, would "jump at
it." I allude to the measure recommended to his
Excellency by Lord John Russell, stating that it
was absolutely necessary, 1st that a commission
should ascertain, and that the law should determine
what lands were private, and what were public
property, and 2ndly that all lands held by private
persons, and not actually in cultivation, should
be subjected to an annual tax, the non-payment
of which should be followed by the confiscation
or seizure of the land; which measure his Lord-
ship follows up by observing, —"That until this
be done, there can be no reasonable prospect of
the colony making any advance in agriculture,
wealth and sound internal policy." It is im-
possible to conceive a stronger recommendation
of a wise and just measure. At home it is clearly
understood that purchases from the natives are
valid purchases, to the extent that the commissioner
may adjudge. I have perused the dispatches
carefully, and I perceive one inculcation in all of
them, viz., to consider the lands purchased from
the natives fairly and equitably, as valid purchases,
and not to take away those lands and give others
in lieu of them; but in all cases to confirm the
titles of those already acquired.

The Governor.—I perfectly agree with the
honourable member; it is the object of the govern-
ment to confirm the titles to land.

Mr. Earp resumed.—That is what we contend
for; but the unjust bill now before us, is framed
for the purpose of taking away the lands at
present held by claimants, and substituting others
for them, a measure which, as I have before said,
the Home Government never contemplated, nor
would sanction. I once more congratulate the
colony upon the chance of being liberated from
this obnoxious and inconsiderated measure, and
I sincerely hope and trust that the government
will introduce such another measure, as will set
at rest the fears of the settlers, and do away with
that distrust of government bills, which, I am sorry
to say, this bill has made but too prevalent.

The Governor said, he merely offered the colo-
nists land instead of what they now held, in order
to settle the question.

Mr. Earp continued.—Your Excellency must
see that the whole of the colonists are against the
principle of the bill before the Council; I there-
fore wish that such a bill be introduced instead
of this, as will not only satisfy the justice of the
case here, but also be approved by the British
Government hereafter. Any other bill, founded
upon any other principle, will only be followed up
by petition after petition from all parts of the
colony to the Home Government, which cannot
fail to be a constant source of annoyance to this
government. I am willing to admit, that, although
the government measure is opposed, there is not
a doubt, in the mind of any gentleman with whom
I have communicated or conversed, that govern-
ment, however mistaken in their mode of effecting
a settlement of this great question, has framed
the measure now before the Council with the most
sincere intention of satisfying, as far as possible,
all parties interested. The fact, however, is, that
the measure, so far from giving satisfaction, has
created the greatest alarm. The bill will neither
meet the urgencies, or the expectations of the
land claimants. On the contrary, it will, if
carried, create heart-burnings and bickerings,
giving rise to feelings of discontent and dissatis-
faction. With these impressions I most cor-
dially second my friends' motion for altering the
preamble.

The Governor said, that the Council having
heard the preamble read, in accordance with a
motion for proceeding with the order of the day,
and having heard Mr. Porter's amendment to the
preamble, the question now before the Council
was, "whether such amendment do now stand
part of the bill."

On a division the members were

Ayes—Mr. Earp,
Mr. Porter,
Mr. Clendon,

Noes—His Excellency the Governor,
The Colonial Secretary,
The Attorney-General,
The Colonial Treasurer.