contained in the above mentioned description, Vide enclosure No 5.
which is that
1. Authoritatively.
on which the Military
8. In the event of there being still reasonable doubt as to the right of this
Government to the foreshore and fundus Maris of this harbor in the
manner stated by
the Attorney General the additional evidence
now furnished may be found useful in determining the question.
19. As a matter of Public Policy however
I think it very unadvisable to disturb the general rule that a power vested in the Colonial Government,
is in a better position, as a general rule, to take a comprehensive view of the Public convenience and necessities as
well as of the most appropriate mode of dealing with the bottom of the harbor than Naval or Military Department. Moreover
any if some particular work or undertaking on behalf of any Department can be shown to carry with it sufficient recommendation as being beneficial to H.M's Service the history of the Colony shows
that the influence of the War Department and Admiralty, either jointly or severally is adequate to
ensure the most favorable consideration to all such proposals.
I trust however that there will be
in future such a clear understanding as to
the legal rights of all parties that the building of Wharves, Boat Houses or encroachments without the privity of this
Government will be discouraged, and that