The house of assembly met on the second of December, 1862, for the
purpose of considering the present position of the land question, with a
view to a speedy solution. In his opening speech, the
lieutenant-governor stated that he had received a despatch from the
colonial secretary, informing him that the royal assent had been given
to an act (which had been introduced by the Honorable Mr. Haviland) to
change the constitution of the legislative council, by rendering the
same elective. This made it necessary to dissolve the house before it
could enter on the special business for the transaction of which it had
been convened. The new election would afford an opportunity to the
people to express a decided opinion as to the award; and the issue was
looked forward to with deep interest. The election resulted in a large
majority approving of that document. The new house met early in March.
The opening paragraph of the governor’s speech referred to the marriage
of His Royal Highness the Prince of Wales to the Princess Alexandra, of
Denmark, which had been recently consummated. Reference was also made in
the speech to the decision of the colonial secretary, that the
commissioners on the land question had exceeded their powers in their
report; but His Excellency expressed his conviction that the house would
exert itself to find a satisfactory solution of the difficulties which
had so long retarded the prosperity of the island.
On the governor’s speech being read, Colonel Gray said that the members
of the government having tendered their resignations, he had been
commanded by His Excellency to form a new administration, and he
accordingly announced the following names as comprising His Excellency’s
responsible advisers: John Hamilton Gray, president of the council;
Edward Palmer, attorney general; James Yeo, John Longworth, James C.
Pope, David Kaye, James McLean, Daniel Davies, and William Henry Pope,
colonial secretary. Amongst the first business submitted to the house
was an address to the Queen, in which the whole history of the
appointment and proceedings of the commission was detailed, and praying
that Her Majesty would cause it to be notified to the proprietors
affected by the award that unless cause to the contrary should be shown
before a judicial tribunal, to be appointed by Her Majesty, her sanction
would be given to the bills passed to give effect to the award. That
address was duly forwarded by the governor to the colonial secretary,
and His Grace’s decision in regard to its contents was given fully in a
despatch, dated the eleventh of July, 1863. The duke observed that, as
he was not aware of any method by which the question could be submitted
to any court of justice, and as the council and assembly had not
suggested any such method, he considered that the course most
satisfactory to them would be that of ascertaining from the law officers
of the Crown, first, whether the so-called award was, in itself, liable
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