§ MR. KENYON (Denbigh, &c.)asked Mr. Chancellor of the Exchequer, What are the rights of the Crown as to precious metals in England and Wales; whether there is any distinction as to gold and silver found on freehold ground between this country and the Colonies; if not, what reason exists for enforcing a Royalty upon these metals in the United Kingdom which is not enforced in the Colonies; whether, in the Colonies, all minerals found on freehold lands have been surrendered by the Crown to the 1729 free holders; and, whether he will consent to the appointment of a Royal Commission to consider the whole question of Crown Rents and Royalties?
§ MR. CONYBEARE (Cornwall, Camborne)asked, Whether, if the right hon. Gentleman consented to the appointment of a Commission, he would extend its scope to an inquiry into the title of private landowners?
§ THE CHANCELLOR OF THE EXCHEQUER (Mr. GOSCHEN) (St. George's, Hanover Square)The Crown has an ancient prerogative right to all mines containing the precious metals, and this right was judicially recognized in a famous case ("The Queen v. the Earl of Northumberland") which occurred in the reign of Elizabeth. The original right of the Crown to mines containing the precious metals in the Colonies was governed entirely by the law of England; but the Crown has in most cases transferred this prerogative right to the Colonial Governments, who have thus acquired the power of making Regulations in regard to the granting and working of these mines; but I do not know whether in any Colony the right to these mines has been surrendered to the freeholders. Without consultation with the Government generally, I could not undertake to grant the Royal Commission which the hon. Gentleman asks for.