78 firm the purchase which the association has made. Lord Hardwicke, in the case which has been referred to, expressed a very strong opi nion that the possession of persons making these settlements ought to receive the fullest protection. There is no ground fcr considering that the lands comprised in this purchase are affected by the Act erect- ting South Australia into a Province, 4 and 5 W. IY ; c. 75. They are clearly not within the boundaries assigned to the territory, which is the subject of the Act, and, therefore, the Crown is not precluded from confirming the purchase. I am of opinion that the association should make an application to the Government for a confirmation of the above purchase, and accompany it with a full communication, of not only all the documents now laid before me, but of every other circum stance connected with the acquisition.” “ WILLIAM BURGE, Line. Inn. “ 16th Jan. 1836.” “We have perused the extremely able and elaborate opinion of Mr. Burge, and entirely concur in the conclusions at which he has arrived upon each of the queries submitted to us.” “THOS. PEMBERTON, “W. W. FOLLETT. “Jan 21, 1836." Who does not see the propriety of this decision ? Legally the treaty with the natives was valueless, as no precedent existed of a permanent sanction of such a proceedure. But though the agreement might not he legalized, there was a recognition of such persons’ claim to the favor of the Crown for a grant of such lands. William Penn had received his charter when to secure his possessions from molest ation and to satisfy his own conscientious scruples, he chose to enter into that famous treaty with the Indians. Again, if the Crown had been pleased to confer the right of possession of an enormous territory in Southern Australia to one private association, that had rendered no previous service, had made no discovery, and had taken no initiative in settlement, how much greater, expectations of Royal consideration might not he indulged by the Port Phillip Association, that had absolutely located themselves upon the new shore, and had conducted themselves so fairly and honourably toward the inhabitants. But there was this difference between the two companies; one was an
