PAPERS RELATIVE TO THE

a—No. i

7

No. 4 Copy of a Letter from the Hon. William Fox to the Stjteeinteitdent, Nelson. Colonial Secretary's Office, Sib,— Wellington, Ist November, 18G9. Circumstances attending the sale of certain auriferous lands in the Province of Nelson having called the attention of the Government to the general question of the sale of such lands, I have to inform your Honor that the opinion of the Attorney-G-eneral has been taken, which opinion is to the effect that the precious metals do not pass by a sale of the waste lands of the Crown containing them, and that an injunction would bo granted by the Supreme Court to prevent the gold being taken therefrom. I have also the honor to inform you that, in order to protect the interests of the public and prevent auriferous lands being bought up by individual purchasers, it is the intention of the Government to cause the law in this particular to be enforced. I have, &c. His Honor the Superintendent, Nelson. William Fox.

No. 5. Copy of a Letter from the Stjpeelwtendent, Nelson, to the Colonial Siceetaby. Superintendent's Office, Sic, — . Nelson, 3rd November, 1869. I have the honor to acknowledge the receipt of your circular letter of the Ist instant, in reference to the right of grantees of land from the Crown to the precious metals therein, in which you inform mo that the Attorney-General is of opinion that those metals do not pass by a sale of the Waste Lands of the Crown containing them, and that an injunction would be granted by the Supremo Court to prevent the gold being taken therefrom. You also inform me that it is the intention of the Government to cause the law in this particular to be enforced. I wish to point out to you, in reply, that it appears to mo that in the absence of vital alterations in the Jaws of property in other respects, the effect of the course which the Government proposes to take would be to lock up such land from the miner as well as from the owner, and to prevent the development of resources of great value to the Colony; for I conceive, granting that the Crown has the ■power to prevent the freeholder mining upon land purchased from the Crown, the law does not empower the Crown, either by itself or others, to enter upon and break the surface of such land for the purpose of mining for gold or any other metal. I shall be glad to be furnished with the views of the Government on this subject as early as possible, as it is one of the greatest interest and importance to this Province at the present time; and the uncertainty which prevails with respect to it almost entirely suspends the enterprise both of the freeholder and of the miner in the Wangapeka District, where the unfortunate difficulty referred to has lately arisen. I have, &c, The Hon. the Colonial Secretary, Wellington. Oswald Cuetis.

No. 6. Copy of a Letter from the Hon. William Fox to the Supeeistendekt, Nelson. Colonial Secretary's Office, Bm,— Wellington, 17th November, 1869. ' I have the honor to inform you that I have referred previous correspondence on the subject of the land sales at Wangapeka to Mr. Attorney-General, and I beg now to enclose a copy of a Minute by him on the subject. I have, &c, His Honor the Superintendent, Nelson. William Fox.

Enclosure in No. 6. Minute by the Attoemy-Geneeal. The Crown may not be able to authorize others to mine for gold in land not the property of the Crown or of the person so to bo authorized, but as the Crown alone can authorize mining for gold on land to whomsoever the freehold belongs, the Crown is thereby able to control such mining. It does not follow, as the Superintendent suggests, that because the freehold of the land belongs to one person, and the right to mine for gold belongs to the Crown, the mining for gold is prevented and the lands or gold "locked up." On the contrary, it is apparent that in the case of Native land, though the Crown asserts this right, mining for gold is extensively conducted on Native lands. The effect of the assertion of this right by the Crown is to prevent unwholesome monopoly and unfair dealing with auriferous land. How can the Crown with justice say to the Natives (now that their absolute right to their lands is accorded them), that they cannot mine for gold on their lands without the authority of the Crown, and at the same time admit that the purchaser from the Crown has an undisputed right to the mines ? I think that if the Crown had not this right it would be most disastrous to the best interests of the Colony. In a country where it is impossible to say that this or that district is not auriferous, if the purchaser of land from the Crown could, by buying the freehold, absolutely and without fear of