586
12. It is but right, however, to Governor Des Voeux to state that in his message to the Legislative Council on the 22nd of March, 1889, before the passing of the Reclamation Ordinance, he referred to the objections that had been made in the following words:-"It is needless to say that the Government has no desire to accord other than the fullest justice in respect of private rights; and though the provision in question has no doubt an arbitrary appearance, that aspect of it will probably disappear altogether from unprejudiced minds when the circumstances are fully considered." And at the Meeting of the Legislative Council on the 29th March, 1889, when two of the Members-Mr. Ryrie and Mr. Layton--spoke on behalf of ourselves and other Marine Lot Holders whose property would be affected, the Governor not only coufirmed his promise that justice should be done, but intimated that he would not take upon himself the duty of deciding the amount of compensation without the assistance of experts and the advice of his Council,
13. That the promises of the Government made through Sir William Des Vœux, and upon which we relied, as we had a right to rely, on withdrawing our opposition to the compensation clause in the Ordinance, should be disregarded by an Acting Governor without explanation seems to us incredible and should be enquired into by His Majesty's advisers.
14. From any point of view it will hardly be held that we ought to suffer because of our implicit reliance on the promises made by the representatives of the Crown.
15. That the justice promised has not been accorded is manifest in the fact that the Government, since the Award, offered to allow us to come into the Reclamation Scheme on the terms laid down in the Reclamation Ordinance, the acceptance of which offer would have given us a sum of money far in excess of the Award of $15,000 although far short of the amount found due under the methods recognised by Governor Des Voeux and the Attorney General.
Mr. Howard will be in London soon after you receive this letter, and will call upon you to answer any question that may be thought essential for the further informatton of His Majesty's advisers.
A 2.
We have, &c..
(Sd.) MATTHEW J. D. STEPHENS,
THOMAS HOWARD.
44
7 CASTLE TERRACE,
COWES, ISLE OF WIGHT,
16th March, 1904.
THE UNDER SECRETARY OF STATE,
COLONIAL OFFICE.
SIR,--With reference to your communication to me under date of the 4th February last, No. 3745/1904, I have the honor to inform you that by the last. mail from Hongkong I received from Mr. Stephens the copy of a despatch sent by the Secretary of State for the Colonies to Governor Sir H. Blake, dated the 21st October, 1903, stating he was not entirely satisfied that the compensation awarded to Mr. Stephens and inyself may not have been inadequate, and requesting Sir H. Blake to investigate the whole matter afresh, and, if he is of opinion that sub- stantial justice demands it, to ask the Legislative Council to vote an additional
sum to us.
I also received a statement from the Colonial Authorities dated 9th February, 1904, shewing a calculation that 32,481 square feet at 75 cents per foot depreciation of Marine Lot No. 184 amounts to $24,367.50 and this is the amount proposed as compensation to us for damages sustained by the Reclamation in front of our Marine Lot.