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5154.

PUBLIC RECORD OFFICE

Reference :-

TIC.O. 885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

10

PUBLIC RECORD OFFICE, LONDON

MY LOW DUKE,

No. 185.

(QUEENSLAND.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, May 26, 1863.

We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 9th April ultimo, stating that he was directed by your Grace

to transmit to us for our joint consideration the annered copy of Despatch from No. 3, 10

the Governor of Queensland respecting the extent of his jurisdiction over the islands Jan. 1863. in the seas adjacent to that Colony.

64

Sir Frederic Rogers was also pleased to state that, by Royal Letters Patent dated 8th September 1855, the Colony of New South Wales was defined as comprising, with certain exceptions which do not affect the present question, "all that portion of Our territory of Australia or New Holland lying between the 129th and 154th degrees "of east longitude, and northward of the 40th degree of south latitude including "all the islands adjacent in the Pacific Ocean within the longitudes and latitude "aforesaid."

That those Letters Patent (being the Commission of Governor Sir William Denison) remained generally in force till the appointment of his successor in 1859, but in the meantime, that is to say, on the 6th June 1859, other Letters Patent were issued separating from the Colony of New South Wales, and erecting into the Colony of Queensland "so much of the territory thereof" (of New South Wales) "as lies to "the northward of a line commencing on the sea coast at Point Danger in latitude "about 28° 8" south (and running westward by a course described in the said Letters "Patent to the 141st meridian of east longitude), together with all and every the

adjacent islands, their members, and appurtenances in the Pacific Ocean."

**

That by subsequent Letters Patent dated 3rd March 1862, the western boundary of Queensland was extended from the 141st to the 138th meridian of east longitude together with all and every the adjacent islands, their members, and appurtenances "in the Gulf of Carpentaria."

*

Sir Frederic Rogers was pleased to annex extracts of these several Letters Patent, and further stated that we would not fail to observe that the original jurisdiction of the Government of New South Wales was not bounded to the north by a parallel of latitude and that in that direction" adjacency" in the usual sense of the word is the only quality capable of bringing an island within that jurisdiction, but that the Letters Patent of 1855 might be alleged to furnish a definition of "adjacency" to the east- ward of New Holland, and to include within that term all islands to the westward of the 154th meridian of east longitude.

That under these circumstances your Grace wished to be informed what instructions should be given to the Governor of Queensland with regard to the extent of his jurisdiction.

That the question is of some practical importance, as it would appear that various islands alleged to contain guano lie about and are on both sides of the 154th meridian.

In obedience to your Grace's commands we have taken this matter into our considera- tion, and have the honour to

Report

That in our opinion the present jurisdiction of the Governor of Queensland includes all islands in the Pacific Ocean, and in the Gulf of Carpentaria and Torres Straits, east of the 138th meridian of east longitude, and north of an imaginary line drawn from east to west through Point Danger, which were originally included in the Colony of New South Wales, as defined in the Letters Patent granted to Sir William Denison on the 8th September 1855.

And we are of opinion that all the islands in the Pacific Ocean lying north of the 40th parallel of south latitude, between the eastern coast of Australia (as far as Torres Straits) and the 154th meridian of east longitude, and also all the islands in the Gulf of Carpentaria, and such (if any there be) of the islands in Torres Strait as ought, from their position, properly to be regarded as dependencies of the mainland of

D

16278.--520. 25.-9/86.