that a corner of it is now embedded in wharf erected by this Government where it forms a most unsightly obstruction, and led to questions affecting the right of the Military to erect wharves, buildings either on the space between low and high water mark or on any part of the bottom of this harbor. I therefore agreed to procure for Major General Bunker an opinion on the whole subject from Mr Pauncefote, the Attorney General:
2. That Officer has drawn up a very carefully considered and able opinion, conclusively showing, as I think, that the Law of the question admits of little doubt, or that Mr Pauncefote's general statement can be contradicted, viz. that the sea shore between high and low water mark is vested in the Crown, which in such matters is here represented by the Governor.
3. I have forwarded that opinion to the Major General; the latter has on communication with me a copy transmitted to Sir Lt Col De Butts, Commanding Royal Engineer, expressing opinion that nothing is really settled by the Attorney General; because Lt Col De Butts regards the question as one affecting the right of the War Department, and Admiralty not, so much to the foreshore in front of Marine lots purchased from Crown Leaseholders as of their other property according to a tracing which he enclosed.
Enclosure No1: 427
Enclosure No2: ...