The extinction of uncertain obligations would be a public boon, if only
for their tendency to produce discontent and habits of evasion. The
reservations of timber and material, and right of road-making, are
hardly less impolitic. If the law should oblige a proprietor to
accommodate his country, equity prescribes his fair indemnity. A
functionary might cut through a settler's estate in malevolence, and
destroy the approaches to his dwellings, under terms without tangible
limitation. In 1831, the government authorised a party to go through an
orchard, planted on a Macquarie grant, to enlarge a road to the ferry at
Risdon. The owner brought his action, and the assessors gave him a
verdict. The lawyers pleaded the general invalidity of colonial titles,
and thus the right of the crown to resume! In 1824, the roads were
thirty feet: in 1827, they were increased to sixty; and the attempt was
made to take from a location given under the old rule, the increased
breadth stipulated by the new.[176]
"A strange rumour," said a colonial editor, "has reached us, that free
grants of land will be conferred no more." Lord Ripon's regulations were
published in London, January 20th, 1831. They were framed to obviate the
theoretical and practical evils attributed to the easy acquisition of
land; to terminate the prodigality of governors, and the frequent
quarrels occasioned by their favoritism; and above all, to prevent
laborers from becoming landholders, and the tendency of colonists to
scatter over territories they can not cultivate. This important change,
which excited alarm or exultation in the colonies, was only noticed in
one London newspaper: with such indifference was a system regarded,
destined to produce the most important national consequences.
Except reserves intended for public use, crown lands were offered for
sale to the highest bidders, at the upset price of five shillings, and
for the first time, to the usual reservation were added precious metals.
Arthur, who greatly disapproved the application of these rules to Van
Diemen's Land, where no tendency to dispersion had been displayed, and
where free grants of land formed the basis of the convict system,
manfully employed the last hours of patronage. The lands in the towns
were rapidly disposed of, and all who could prefer a reasonable claim,
were readily indulged. A few grants were bestowed by the special favor
of Arthur: 205,000 acres were alienated chiefly in grants of extension,
due by the terms of the original grants. Those whose expectations were
satisfied, were not displeased with a measure which gave a definite
value to estates, and when once the principle was established, the
higher the price of crown lands, the greater the nominal value of their
own.
Public-domain text, read in full here on John Shaqi.
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