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Rece Rece22 JUL 10!
Hon. Colonial Secretary,
The claim of the Army Council is not merely
not within the letter of the Circulars of 1890 and 1894, as is
admitted, but is directly contrary to the letter and opposed to
the spirit of these documents.
To ascertain the meaning of a document with
reference to circumstances which have arisen, it is necessary to
consider the document as a whole and not to confine the attention
to isolated words and phrases. The arguments put forward en be-
-half of the Army Council are based solely on the passages
which refer to the Defence fund of the Colony and their accep-
-tance will involve a departure from the scheme laid down in
the Circulars in the case of lands purchased before 1890 to the
serious detriment of the Colony.
In the Circulars three categories of lands
are referred to (1) lands obtained direct from the Colonial
Government without payment before 1890 (2) lande purchased and
paid for before 1890 (3) lands acquired since 1890.
The object of the scheme laid down in the
Circulars is clearly stated to be twofold viz.:- to secure
(1) Military efficiency (2) the interests of the Colony. V. par.
2, Circular 1890. The general object is further explained in
paragraphs 6 and 7 Circular 1890 to be a fair division of ex-
-penses of Military Lands between the Imperial and Colonial
Government by allowing the Colonial Government to have the use
of the value of surrendered lands and buildings until land of an
equivalent value is required by the Imperial Government.
It is obvious that the authors of the
Circulars had in mind the fact that the value of land varies from
time to time and that Colonial Governments might be at times
called upon to give for Military purposes very valuable lands
(v. par. 7 Circular 1890) and Accordingly gave the lands and
buildings not immediately or prospectively wanted for Military
purposes to the Colonial Government without any deduction for
monies
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