Berens to Newcastle

I have the honor to acknowledge the receipt of Mr Fortescue's
letter of the 10th August in answer to my letter to your Grace of
the 16th July, but I cannot avoid observing that the grounds upon
which in my letter I have sought to maintain the position for which
this Company contends are in no manner dealt with by Mr Fortescue's
answer.

I beg respectfully to submit to your Grace that the simple question
to be discussed is, what are the rights of this Company under the
provisions of the Grant for the repurchase of the Island by Her
Majesty and that that question ought not to be affected by any
correspondence that has recently passed on the subject, altho'
undoubtedly in order to meet the views expressed by Her Majesty's
Government this Company was disposed to waive the strict fulfilment
of the obligations attaching to the Government in the event of the
repurchase of the Island.

Your Grace cannot fail to observe that it would be most unjust to
expect that this Company would be bound by the opinion of the Law
Officers of the Crown upon a Case submitted to them without their
privity and they considered that they were meeting the difficulty in
a fair and liberal spirit in proposing to leave the whole question to
the decision of Sir John Coleridge. If that course is not adopted
will it be agreeable to Her Majesty's Government that the whole
matter should be submitted to the decision of the Judicial Committee
of the Privy Council.

I beg again to suggest the expediency of an early settlement of this
Question as in the meantime no Conveyances can be made of any Land
included in the Grant to this Company for the reasons stated in my
letter to Your Grace of the 16th July last.