THE FIKST LEGISLATIVE COUNCIL 355 



proceed with the formation of reserves, and, lastly, would cause 

 such portions of these reserves as might clearly be required for the 

 public and for the general advantage of the colony to be brought 

 into the market without being subject to the pre-emptive rights. 

 On the 3rd of September he addressed the Secretary of State in 

 a despatch that, with its appendices, fills sixty-four pages of close 

 print in the Votes and Proceedings of the Victorian Legislative 

 Council. It was the fashion of the day to sneer at everything the 

 Governor did, and his critics declared that he gave an exhaustive 

 history of the land laws, without suggesting any solution of the 

 pressing difficulties menacing the future of the colony. It was a 

 very unjust comment. It is true he reviewed very fully all that 

 had been done, and cited numerous individual claims that had been 

 dealt with by the Executive, dwelling on the conflicting legal advice 

 he had received. But he emphasised his opinion that the large 

 rights of pre-emption accorded by the Orders in Council were 

 neither called for nor justifiable, and that the pastoral tenants 

 had neither asked for nor expected them. Before the discovery 

 of gold they would have promptly rejected the idea of pre-empting 

 at 1 per acre, and looked upon it as a prohibitory rate that ensured 

 their tenancy being undisturbed. But now that the question had 

 assumed such importance, it was natural, under the temptation of 

 great monetary gain, that they should take strong views about it 

 and assert their supposed rights. A mistake had been made in the 

 original concession, for which the local administration was not 

 responsible. That being so, it was necessary to consider the 

 question of compensation, for whatever amount that might involve ; 

 it would be better to face it than to lock up the bulk of the colony's 

 landed resources in a few hands for great individual benefit and 

 greater public loss. He advised, therefore, an amendment of the 

 Orders in Council, abolishing the right of pre-emption except for 

 homestead sections, and the adoption forthwith of sale by auction 

 of all Crown lands. By the time this despatch got to Downing 

 Street there had been a change of ministry, and the Duke of New- 

 castle reigned in the Colonial Office. He was reluctant to take up 

 a question that he knew nothing about, and apparently regarded as 



unimportant. He allowed the despatch to remain unanswered for 



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