CO885-(10-11) — Page 353

11497.

SIB,

No. 287.

(VICTORIA.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, December 13, 1864. We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 8th instant, stating that he was directed by you to request that we would advise you as to the course which ought to be pursued under the circumstances stated in the enclosed report from Mr. Walcott, one of Her Majesty's Emigration Commissioners.

Sir Frederic Rogers was also pleased to state that you were informed by the Hydro. grapher of the Admiralty that Independence or Maiden Island was discovered by Lord Byron in 1825, and that you were informed by Earl Russell that his Lordship sees no reason why it should not be formally taken possession of by Her Majesty's Govern-

ment.

And that under these circumstances you propose to authorise the Governor of Victoria to issue to Mr. Nicholson, who claims to have discovered guano on the Island, and whose captain has already taken possession of it in the name of Her Majesty, a license to work that guano for seven years: a draft of the proposed license being annexed to Mr. Walcott's letter.

And that our opinion was requested whether in order to establish Her Majesty's possession of the island any further or other step is necessary than to issue the pro- posed license authorising Mr. Nicholson in his own person or through any persons employed by him to declare on the island Her Majesty's confirmation of the act of his captain in taking possession of it and the consequent establishment of Her Majesty's Bovereignty thereon.

Sir Frederic Rogers was further pleased to state that you would be glad to receive our opinion on this point in time to communicate your decision to the Governor of Victoria with the requisite instructions by the mail of this month (19th or 26th).

In obedience to your commands we have taken this matter into our consideration, and have the honour to

Report

That we are of opinion that no step is necessary beyond that proposed of issuing the license in the form contemplated to Mr. Nicholson.

The Right Hon. Edward Cardwell, M.P.

We have, &c. (Signed) ROUNDELL PALMER.

R. P. COLLIER.

0 16978.-501. 95.--9/06.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

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