311

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which is the only purpose mentioned the Colony would pay

out the whole or a sufficient portion of the money already

received on account of the sale of lands already surrendered

and would credit itself with this payment out in the special

account.

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ASA

This arrangement, it is plain, does not contem-

plate either that the Colony should contribute to the pur-

chase of new sites more than it has received from the selling

price of old sites surrendered, or that the Colony should be

called upon to yield new lands to the War Department the

value of which whatever it may be is to be included in the

special account. Clause 4 states as plainly as possible, that

the Colonial Government is not to be liable for more than

the value of lands already surrendered. Unless this construc-

tion of the meaning of the clause is the correct one, there is

no reason, as already pointed out, why the Colony should not

continue to surrender its land without any quid pro quo until the balance against it amounts to a large sum. On the face of it, such an arrangement is unfair, and because it is unfair, I

cannot believe that it was contemplated.

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23. Further, the use of the term special ac- count negatives the intention of opening an account which shall include other than particular and specific and well dem fined items, and into which may be passed all records of tran- sactions in land between the Colonial Government and the War Department.

24. This Government cannot be expected to part

with

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