' APPENDIX. xxii'r

more they would not decide upon the title to a single fel~ ow subject‘s estate without grave doubt and deliberation, nd a sense of heavy obligation to do what was just and ight. How much more onerous the burth‘en when a mil- ion of acres, and the rights of thousands, Were involved. t was a re'liel'to feel the burden othhe mind; it was, per- aps, too much to hope that the verdict would give uni- ersal satisfaction.

Coming to the main question referred to them. the Com- missioners decided that the granting away of the whole Island in blocks of20.000acres each,was an improvidont exer- cise of the prerogative of the Crown. But even improvident grants can only be revoked by a legal process, which had never been resorted to. There was no doubt that all the grants were forfeited for breach ofconditions in not settling the lands with loreign Protestants. There is little doubt that they were forleited over and over again lor non~settle4 ment and non-payment ol Quit Rents. but as the Crown was the sole judge in all these cases—as the Crown not onlydid not avail itself of the laches ol the subject, but actually forgave them and confirmed their titles by autho- ritative declarations over and over again, the Commission- ersjustly decide, yielding everything that Mr. Cooper and other gentlemen have ever claimed, that the title of the proprietors cannot now be disturbed. With respect to the leases it is equally clear. that when a man had signed a lease, and in a written document had signed an acknow- ledgment of title, it was too late for him to ask the Com- missioners to pronounce that bad which he had himself confirmed. All leases must, therefore, be regarded as valid and binding on all parties.

As regarded the Quit Rents the Commissioners con- sidered the Treasury minute binding, and that all arrears were remitted up to that period. As long as the Land Tax Act remained on the Statute Book, no Quit Rents could be collected. When that Act was repealed the Quit Rent of course revived.

It was apparent. then, that the conversion of thglease- hold tenure into freehold could only be accomplished by a compromise. and it appeared to the Commissioners that an extension of the principles of the Land Purchase Act passed by the Island Legislature some years ago, ofi'ered the fairest basis of compromise—the best solution of the difliculty that could be devised. The Commissioners there— fore strongly recommend to Her Majesty’s Government to guarantee a Loan to the Colony of £100,000 sterling. to be loaned on the pledge of the general revenue of the Island, to be appliedcgo the purchase of the estates, and repaid out

C .