CO885-(10-11) — Page 77

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PUBLIC RECORD OFFICE

لساتيليسيا

Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

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

No. 55. (QUEENSLAND.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Lincoln's Inn, February 23, 1861. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 20th February instant, in which he stated that he was directed by your Grace to request that we would favour you with our opinion upon the following question:-

By the 7th section of the New South Wales Government Act (18 & 19 Viot. o. 54.) it was provided that it should be lawful for Her Majesty, by Letters Patent or by Order in Council, to erect certain parts of New South Wales into a separate Colony, " and to make provision for the government of any such Colony, and for the establish- "ment of a Legislature therein in manner as nearly resembling the form of Govern- "ment and Legislature which shall be at such time established in New South Wales " as the circumstances of such Colony will allow."

Sir Frederic Rogers was also pleased to state that the constitution of New South Wales was prescribed by a Colonial Act, to which Her Majesty was empowered to assent by the above-mentioned Imperial Statute, and which forms a schedule to that Statute. And that the Legislature established by this Colonial Act consisted of a Council, to be composed (ultimately) of nominees for life, and an Assembly, to be elected by persons possessing small property qualification (section 11 of the Act) or paying 401. a year for board and lodging or 101. a year for lodging. And that this Colonial Act was assented to by Her Majesty and came into operation, 1856. And also that in 1858 a Colonial Act was passed which gave a vote to every adult male (natural born or naturalised) who had resided in any electoral district of the Colony for six months, with an additional vote for property situate beyond that district.

Sir Frederic Rogers was also pleased to state that in 1859 Her Majesty exercised her power of separating the Colony of Queensland from that of New South Wales, and that on the 6th day of June in that year, acting under the 7th section of the Act of 18 & 19 Vict., issued an Order in Council which declared in its 8th section that the Constitution of the new Colony should be such as was established by the Colonial Act And he was also of 1856, taking no notice of the subsequent alterations in 1858. pleased to state that it has been contended that this Constitution thus created did not * resemble as nearly as circumstances allowed the form of Government and Legisla “ture which was at that time established in New South Wales," that the Legislature is therefore illegally constituted and its proceedings invalid.

Sir Frederic Rogers was also pleased to state that our opinion is requested- (1) Whether the Legislature of Queensland is under the above circumstances legally constituted, and is competent to perform the functions which are assigned to it by the Order in Council of June 1859; and (2) If there is any doubt as to its competency, whether any better course is open to Her Majesty's Government than to procure the passing of an Act of Parliament removing such doubts and giving retrospective validity to all that it has done.

Sir Frederic Rogers was also pleased to annex extracts from a petition addressed to Her Majesty by the judge of the Supreme Court, from a report made by the Colonial Attorney General on that petition, and from a Despatch addressed by the Governor to the Secretary of State, and from which, he stated, we should see that in the opinior of the Governor the circumstances of Queensland would not have rendered expedient in that Colony the extension of the suffrage which had been offected in New South Wales. And that, in fact, the absence of great towns and the preponderance of the pastoral or squatting interest gives a somewhat different and, apparently, more aristocratical character to the Colony.

In obedience to your Grace's commands we have taken these papers into our con- sideration, and have the honour to

Report

That the power reserved to Her Majesty (by the 7th section of 18 & 19 Vict. c. 54.) of making provision for the government of any new separate Colony is a qualified

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1615-531. 25.-2/86.