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Australia, were originally included in the Colony of New South Wales as defined in the Letters Patent of 8th September 1855.

Prima facie all islands in Torres Straits within three miles of the mainland of Australia, or within three miles from any other island there in British occupation, or in British territorial waters, would be dependencies of Australia, and no islands beyond that distance, and not de facto occupied by Great Britain would possess that character.

We are of opinion that no island lying to the east of the 154th meridian of east longitude or otherwise beyond the limits above mentioned, can be regarded as within the jurisdiction of the Governor of Queensland.

It is hardly necessary to add that although the definition of the Colony under the Letters Patent, extends eastward to the 154th meridian of east longitude, it would be requisite in order to give a title to Great Britain, as against a claim by any other county to any island within those limits, lying more than three miles from any territory in the actual occupation of Great Britain (and not included within any baya or indentations of the British coasts), that such island should be actually taken posses- sion of, or in some manner occupied by this country.

We have, &c. (Signed)

His Grace the Duke of Newcastle, K.G. &c.

&c.

&c.

WM. ATHERTON. ROUNDELL PALMER.

5492.

No. 186.

(BAHAMAS)

-

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

June 1, 1863. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 21st ultimo, stating that he was directed by your Lordship to transmit to us a Despatch and its enclosures from Her Majesty's Minister at Washington respecting a privateer said to be fitting out at Nassau to cruise against the shipping of the United States, and to request that we would take this matter into our consideration, and favour your Lordship with any observation we might have to offer thereupon.

In obedience to your Lordship's commands, we have taken these papers into our consideration, and have the honour to

Report

That the Despatch of Lord Lyons to the Governor of the Bahamas will doubtless be sufficient to induce his Excellency to exercise a proper vigilance in the matter, but it would, we think, be expedient that he should receive instructions from Her Majesty's Government to take, under legal advice on the spot, whatever measures may be necessary to prevent the fitting out of a cruiser in a manner forbidden by the Foreign Enlistment Act.

The Earl Russell, &c. &c.

We have, &c.

(Signed)

W. ATHERTON. ROUNDELL PALMER,

R. PHILLIMORE.

1

5

0 16278.-260.

25.-2/66.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

10 PUBLIC RECORD OFFICE, LONDON

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