General
Upon review of this case, the evidence of the Surveyor General and officers of his department acting for the Crown shows that any proceedings are to be termed ill-advised; they must be the proceedings of the Court in going against the plaintiff's power to execute without directions. Without being sworn upon oath, a Decree was made, which had the effect of Defendant; despite the evidence of Lieutenant Johnstone, the specially appointed Surveyor of the fort, as well as the affidavits sworn to by the Surveyor General.
I also much regret that I cannot view this case in the same light as His Excellency. An offer of a sum of money, representing the market value of a piece of ground sold by the Government as compensation for damages sustained by W Stapleton, was made due to the conflict between departments. And if the Government chooses to stand by their act and allows Crown Land to be taken away from Crown lessees in this manner without taking their protections, ...
I strongly consider that the least the Government can offer to do is to give full compensation to the aggrieved party for all the losses sustained.
I trust therefore that His Excellency will consider the case further.