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Lyttelton Times, Volume VI, Issue 367, 10 May 1856, Page 6

Lsr our number of Wednesday we commenced an attempted disclosure of the actual circumstances attendant upon the origin, and what we assume, in the greatest confidence, confirmed existence of the right of pre-emption.

It is unnecessary for us to comment upon the method of treatment of the snbject adopted by us. Any of our readers may, upon taking the trouble to read for himself, at once see that our plan is fairly to expose all sides of the case, to give the text of authority, the whole text, and leave the reader as much as possible to the exercise of his own judgment as to the just conclusion. Wf are not designedly the exponent of party opinion, neither can we trace our motive to action, to the leading or suggestion of any person whatsoever. Nor are we at all ambitious of being attached to any party, however influential, as we should consider such a fact as no very reliable guarantee for ths unconstrained and fearless assertion of truth, necessary to command attention and respect, the highest and best reward of the labours of the Press. Now to continue our remarks on the pre emptive rights. From receipt of the despatches to which we last referred in our paper of Wednesday, the Commissioner of Crown Lands continued up to the first of April last, to administer the Waste Lands, that is, the land remaining unsold within the lale block in conformity with the'instructions.' These instructions were the act of the Crown, whose high authority was exercised through delegation to His Excellency the lal.e Governor. A glance at the condition in which the Crown found the 'lands remaining unsold ' at the period of its undertaking their administration is now necessary. We are aware that there exists a diversity of opinion respecting the effect of the cessation of the power to sell laud, that had been enjoyed by the\Association. However, reserving for a future time the expression of our views as to the correctness of a very popular assumption, namely, that no legal or equitable right over lands then remaining unsold, resided in the purchaser by virtue of any contract with the, Association ; we will on tin's occasion adopt that position for the purpose of argument. Well, lhen,)be itassumed, that the Crown, on the determination of the powers of the

Association, comes at once into entire and unlimited possession of all the unsold lands. Had the holder experienced the suspense of an interim between the death of these powers and the provision of succeeding regulations, our readers may perhaps believe that something would have been thought of and said by the holder having reference to his desire, or perhaps his right, to be maintained in continuance of his preemption. Doubtless something would have transpired upon the subject. But no chance was given for any such expression of opinion. This is the critical moment on which hinges the continuance of the right of preemption ; for co-instantaueously with the holder's knowledge of the expiration of the Association's powers, he receives an announcement that the Crown in the exercise of its unlimited discretion, has chosen to continue in all their integrity the benefits he epected from his contract with the Association. Although those same benefits were in fact ixftfer intended as such, in the extended form in v which they now appear, and which it is evident to us were the adroit performance of amateur lawyers for the benefit of " intending settlers." We do not pretend to give those gentlemen the credit of really intending such benefit for actual settlers, although from a document cited by us last week it would appear they weref desirous of propagating a contrary opinion, at least in England- The immediate decision of the Crown, so promptly consistent with a politic exercise of its highest prerogative,effectually anticipated and silenced discussion, no necessit)' for argument then remaining or appearingl likely to arise at any future time outfof a challenge of the validity of the right. Experience has, however, proved that on the alleged pressure of serious inconvenience, re suiting from a very extensive exercise of preemption, upon the desirability of getting rid of the incubus presenting itself (setting aside the question of whether the said inconvenience now exists). Government first, as all ijood Governments should do. institutes a careful inquisition into the existence of the right. For, assuming thnt the ancient rule observed by the Imperial Parliament, to the effect, that'no public policy shall prejudice individual rights, will obtain equal force in the Legislation of our Councils ; on the decision that right existed, it would, as a na:ural consequence follow, that right must be re spected. Consequently, any surrender of that right in favour of public policy, unless gratuitous and voluntary, must be paid for on the part of the holders out of public funds at its fair value. This value, assessed before a jury, would doubtless amount to something Wy considerable, whether in land or money. Hence, perhaps, we may trace the cause of that earnest endeavour now exerted in certain quarters, todispvove the right at once, if possible, if not, then follows the question of choice between the continuance of the alleged grievance and the expense of removing it. To return, however, to our search of the evidence of the existence of pre emptive rights.

It maybe argued by some that immedia tely upon the determination of the Associa tio'n's powers, the right expired, and consequently the recognition by the Crown of Ulainhs'to pro emption. cannot be considered a continuation of privileges already defunct, which died with Hie grantors. What, in such a case, was the eiiect of the Crown's allowance of them ? Why, a new and better order of risrht, unfettered andabsolutewould.under such'a consideration of the matter, appear to have come into existence. Our reading- of existing law, as applied to such a construction of the case, would ccrtianly incline us to that conclusion.

In our next publication we propose to ex hibit some ground for . entertaining this opiniou.