(Prepared by Survey Office, Department of Public Lands.)
Royal Coat of Arms
QUEENSLAND
PUBLISHED BY AUTHORITY.
By His ExcellencySir George Ferguson Bowen, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Captain-General and Governor-in-Chief of the Colony of Queensland and its Dependencies, and Vice-Admiral of the same, &c., &c., &c.
By His ExcellencySir George Ferguson Bowen, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Captain-General and Governor-in-Chief of the Colony of Queensland and its Dependencies, and Vice-Admiral of the same, &c., &c., &c.
WHEREASby an Act passed in the Session of Parliament holden in the eighteenth and nineteenth years of the Reign of Her Majesty, entitled, "An Act to enable Her Majesty to assent to a Bill as amended of the Legislature of New South Wales 'to confer a Constitution on New South Wales, and to grant 'a Civil List to Her Majesty,'" it was amongst other things enacted that it should be lawful for Her Majesty, by Letters Patent, to be from time to time issued under the Great Seal of the United Kingdom of Great Britain and Ireland, to erect into a separate Colony or Colonies, any territories which might be separated from New South Wales by such alteration as therein was mentioned, of the northern boundary thereof; and in and by such Letters Patent, or by Order in Council, to make provision for the Government of any such Colony, and for the Establishment of a Legislature therein, in manner as nearly resembling the form of Government and Legislature which should be at such time established in New South Wales as the circumstances of such Colony will allow; and that full power should be given in and by such Letters Patent, or Order in Council, to the Legislature of the said Colony, to make further provision in that behalf. And whereas Her Majesty, in exercise of the powers so vested in Her Majesty, has by Her Commission under the Great Seal of the United Kingdom, bearing date the sixth day of June, in the year of Our Lord one thousand eight hundred and fifty-nine, appointed that from and after the publication of the said Letters Patent in the Colonies of New South Wales and Queensland, the Territory described in the said Letters Patent should be separated from the said Colony of New South Wales and be erected into the separate Colony of Queensland: Now, therefore, I,Sir George Ferguson Bowen,the Governor of Queensland, in pursuance of the authority invested in me by Her Majesty, do hereby proclaim and publish the said Letters Patent in the words and figures following, respectively.
LETTERS PATENTerecting Moreton Bay into a Colony, under the name ofQueensland,and appointingSir George Ferguson Bowen, K.C.M.G.,to be Captain-General and Governor-in-Chief of the same.
LETTERS PATENTerecting Moreton Bay into a Colony, under the name ofQueensland,and appointingSir George Ferguson Bowen, K.C.M.G.,to be Captain-General and Governor-in-Chief of the same.
Victoria, by the Graceof God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to Our trusty and well-belovedSir George Ferguson Bowen, Knight Commander of Our most distinguished Order of St. Michael and St. George,—
Victoria, by the Graceof God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to Our trusty and well-belovedSir George Ferguson Bowen, Knight Commander of Our most distinguished Order of St. Michael and St. George,—
Greeting:Whereasby a reserved Bill of the Legislature of New South Wales, passed in the seventeenth year of our reign, as amended by an Act passed in the Session of Parliament holden in the eighteenth and nineteenth years of our reign, entitled, "An Act to enable Her Majesty to assent to a Bill, as amended, of the Legislature of New South Wales, to confer a Constitution on New South Wales, and to grant a Civil List to Her Majesty," it was enacted that nothing therein contained should be deemed to prevent us from altering the boundary of the Colony of New South Wales on the north, in such a manner as to us might seem fit; and it was further enacted by the said last recited Act, that if We should at any time exercise the power given to Us by the said reserved Bill of altering the northern boundary of our said colony, it should be lawful for Us by any Letters Patent, to be from time to time issued under the Great Seal of our United Kingdom of Great Britain and Ireland, to erect into a separate Colony or Colonies any territories which might be separated from our said colony of New South Wales by such alterations as aforesaid of the northern boundary thereof, and in and by such Letters Patent, or by Order in Council, to make provision for the Government of any such separate colony, and for the establishment of a Legislature therein, in manner as nearly resembling the form of Government and Legislature which should be at such time established in New South Wales as the circumstances of such separate Colony would allow, and that full power should be given by such Letters Patent or Order in Council to the Legislature of such separate Colony to make further provision in that behalf. Now know you, that We have, in pursuance of the powers vested in us by the said Bill and Act, and of all other powers and authorities in Us in that behalf vested separated from our colony of New South Wales, and erected into a separate Colony, so much of the said colony of New South Wales as lies northward of a line commencing on the sea coast at Point Danger, in latitude about 28 degrees 8 minutes south, and following the range thence which divides the waters of the Tweed, Richmond, and Clarence Rivers from those of the Logan and Brisbane Rivers, westerly, to the great dividing range between the waters falling to the east coast and those of the River Murray; following the great dividing range southerly to the range dividing the waters of Tenterfield Creek from those of the main head of the Dumaresq River; following that range westerly to the Dumaresq River; and following that river (which is locally known as the Severn) downward to its confluence with the Macintyre River; thence following the Macintyre River, which lower down becomes theBarwan, downward to the 29th parallel of south latitude, and following that parallel westerly to the 141st meridian of east longitude, which is the eastern boundary of South Australia, together with all and every the adjacent Islands, their members and appurtenances, in the Pacific Ocean: And do by these presents separate from our said Colony of New South Wales and erect the said territory so described into a separate Colony to be called the Colony of Queensland.And whereas We have by an Order made by Us in our Privy Council, bearing even date herewith, made provision for the government of our said Colony of Queensland, and we deem it expedient to make more particular provision for the government of our said Colony: Now know you, that We, reposing especial trust and confidence in the prudence, courage, and loyalty of you, the said Sir George Ferguson Bowen, of our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and do by these presents constitute and appoint you, the said Sir George Ferguson Bowen, to be, during our will and pleasure, our Captain-General and Governor-in-Chief in and over our said Colony of Queensland, and of all forts and garrisons erected and established, or which shall be erected and established within our said Colony, or in its members and appurtenances; And we do hereby authorise, empower, require, and command you, the said Sir George Ferguson Bowen, in due manner, to do and execute all things that shall belong to your said command and the trust We have reposed in you, according to the several powers, provisions, and directions granted or appointed you by virtue of our present Commission, and of the said recited Bill, as amended by the said recited Act; and according to our Order in our Privy Council, bearing even date herewith, and to such instructions as are herewith given to you, or which may from time to time hereafter be given to you, under our Sign Manual and Signet, or by our Order in our Privy Council, or by Us, through one of our Principal Secretaries of State; and according to such laws and ordinances as are now in force in our said Colony of New South Wales and its dependencies, and as shall hereafter be in force in our said Colony of Queensland.2. And whereas it is ordered by our said Order, made by Us in our Privy Council, bearing even date herewith, that there shall be within our said Colony of Queensland a Legislative Council and a Legislative Assembly, to be severally constituted and composed in the manner in the said Order prescribed; and that We shall have power, by and with the advice and consent of the said Council and Assembly, to make laws for the peace, welfare, and good government of our said Colony in all cases whatever: And it is provided by the above recited Act, that the provisions of the Act of the fourteenth year of Her Majesty, chapter fifty-nine, and of the Act of the sixth year of Her Majesty, chapter seventy-six, intituled, "An Act for the Government of New South Wales and Van Diemen's Land," which relate to the giving and withholding of Her Majesty's assent to bills, and the reservation of bills for the signification of Her Majesty's pleasure thereon, and the instructions to be conveyed to Governors for their guidance in relation to the matters aforesaid and the disallowance of Bills by Her Majesty, shall apply to Bills to be passed by the Legislative Council and Assembly constituted under the said Reserved Bill and Act, and by any other Legislative body or bodies which may at any time hereafter be substituted for the present Council and Assembly: Now We do, by virtue of the powers in Us vested, hereby require and command, that you do take especial care that in making and passing such laws, with the advice and consent of the said Legislative Council, and Legislative Assembly, the provisions, regulations, restrictions, and directions contained in the said Acts of Parliament, and in Our said Order made in Our Privy Council, bearing even date herewith, and in Our instructions under Our Sign Manual, accompanying this Our Commission, or in such future Orders as may be made by Us in Our Privy Council, or in such further instructions under Our Sign Manual and Signet as shall at any time hereafter be issued to you in that behalf, be strictly complied with.3. And whereas it is expedient that an Executive Council should be appointed to advise and assist you, the said Sir George Ferguson Bowen, in the administration of the Government of our said Colony: Now We do declare Our pleasure to be, that there shall be an Executive Council for Our said Colony, and that the said Council shall consist of such persons as you shall, by instruments to be passed under the Great Seal of our said Colony in Our name and on our behalf, from time to time, nominate and appoint, to be members of the said Executive Council, all which persons shall hold their places in the said Council during Our pleasure: But We do expressly enjoin and require that you do transmit to Us, through one of Our principal Secretaries of State, exemplifications of all such instruments as shall be by you so issued for appointing the members of the said Council.4. And we do hereby authorise and empower you, the said Sir George Ferguson Bowen, to keep and use the Great Seal of our said colony for sealing all things whatsoever that shall pass the Great Seal of our said colony.5. And we do hereby give and grant to you, the said Sir George Ferguson Bowen, full power and authority, by and with the advice of the said Executive Council, to grant in Our name and on Our behalf, any waste or unsettled lands in Us vested within Our said Colony, which said grants are to be passed and sealed with the Great Seal of Our said colony, and being entered upon record by such public officer or officers as shall be appointed thereunto, shall be effectual in law against Us, Our heirs or successors: provided nevertheless, that in granting and disposing of such lands you do conform to and observe the provisions in that behalf contained in any law which is or shall be in force within our said colony, or within any part of our said colony, for regulating the sale and disposal of such lands.6. And we do hereby give and grant unto you, the said Sir George Ferguson Bowen, full power and authority, as you shall see occasion, in our name and on our behalf, to grant to any offender convicted of any crime in any court, or before any judge, justice, or magistrate within our said colony, a pardon, either free or subject to lawful conditions or any respite of the execution of the sentence of any such offender, for such period as to you may seem fit, and to remit any fines, penalties, or forfeitures which may become due and payable to us, but subject to the regulations and directions contained in the instructions under Our Royal Sign Manual and Signet accompanying this our Commission, or in any future instructions as aforesaid.7. And We do hereby give and grant unto you, the said Sir George Ferguson Bowen, full power and authority, upon sufficient cause to you appearing, to suspend from the exercise of his office, within our said colony, any person exercising any office or place under, or by virtue of, any Commission or Warrant granted, or which may be granted by Us, or in Our name, or under Our authority, which suspension shall continue and have effect only until Our pleasure therein shall be made known and signified to you: And We do hereby strictly require and enjoin you in proceeding to any such suspension, to observe the directions in that behalf given to you by Our present or any future Instructions as aforesaid.8. And in the event of the death or absence of you, the said Sir George Ferguson Bowen, out of Our said colony of Queensland and its dependencies, We do hereby provide and declare Our pleasure to be, that all and every the powers and authorities herein granted to you shall be, and the same are hereby vested in such person as may be appointed by Us, by Warrant under Our Sign Manuel and Signet, to be Our Lieutenant-Governor of our said colony, or in such person or persons as may be appointed by Us, in like manner, to administer the government in such contingency; or, in the event of there being no person or persons within our said colony so commissioned and appointed by Us as aforesaid, then Our pleasure is, and We do hereby provide and declare, that in any such contingency the powers and authorities herein granted to you shall be, and the same are hereby granted to the Colonial Secretary of our said colony for the time being, and such Lieutenant-Governor, or such person or persons as aforesaid, or such Colonial Secretary, as the case may be, shall exercise all and every the powers and authorities herein granted, until Our further pleasure shall be signified therein.9. And We do hereby require and command all our officers and ministers, civil, and military, and all other the inhabitants of our said colony of Queensland, to be obedient, aiding and assisting unto you, the said Sir George Ferguson Bowen, or, in the event of your death or absence, to such person or persons, as may, under the provisions of this our Commission assume and exercise the functions of Captain-General and Governor-in-Chief of our said colony.10. And We do declare that these presents shall take effect so soon as the same shall be received and published in the said colonies.
Greeting:
Whereasby a reserved Bill of the Legislature of New South Wales, passed in the seventeenth year of our reign, as amended by an Act passed in the Session of Parliament holden in the eighteenth and nineteenth years of our reign, entitled, "An Act to enable Her Majesty to assent to a Bill, as amended, of the Legislature of New South Wales, to confer a Constitution on New South Wales, and to grant a Civil List to Her Majesty," it was enacted that nothing therein contained should be deemed to prevent us from altering the boundary of the Colony of New South Wales on the north, in such a manner as to us might seem fit; and it was further enacted by the said last recited Act, that if We should at any time exercise the power given to Us by the said reserved Bill of altering the northern boundary of our said colony, it should be lawful for Us by any Letters Patent, to be from time to time issued under the Great Seal of our United Kingdom of Great Britain and Ireland, to erect into a separate Colony or Colonies any territories which might be separated from our said colony of New South Wales by such alterations as aforesaid of the northern boundary thereof, and in and by such Letters Patent, or by Order in Council, to make provision for the Government of any such separate colony, and for the establishment of a Legislature therein, in manner as nearly resembling the form of Government and Legislature which should be at such time established in New South Wales as the circumstances of such separate Colony would allow, and that full power should be given by such Letters Patent or Order in Council to the Legislature of such separate Colony to make further provision in that behalf. Now know you, that We have, in pursuance of the powers vested in us by the said Bill and Act, and of all other powers and authorities in Us in that behalf vested separated from our colony of New South Wales, and erected into a separate Colony, so much of the said colony of New South Wales as lies northward of a line commencing on the sea coast at Point Danger, in latitude about 28 degrees 8 minutes south, and following the range thence which divides the waters of the Tweed, Richmond, and Clarence Rivers from those of the Logan and Brisbane Rivers, westerly, to the great dividing range between the waters falling to the east coast and those of the River Murray; following the great dividing range southerly to the range dividing the waters of Tenterfield Creek from those of the main head of the Dumaresq River; following that range westerly to the Dumaresq River; and following that river (which is locally known as the Severn) downward to its confluence with the Macintyre River; thence following the Macintyre River, which lower down becomes theBarwan, downward to the 29th parallel of south latitude, and following that parallel westerly to the 141st meridian of east longitude, which is the eastern boundary of South Australia, together with all and every the adjacent Islands, their members and appurtenances, in the Pacific Ocean: And do by these presents separate from our said Colony of New South Wales and erect the said territory so described into a separate Colony to be called the Colony of Queensland.
And whereas We have by an Order made by Us in our Privy Council, bearing even date herewith, made provision for the government of our said Colony of Queensland, and we deem it expedient to make more particular provision for the government of our said Colony: Now know you, that We, reposing especial trust and confidence in the prudence, courage, and loyalty of you, the said Sir George Ferguson Bowen, of our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and do by these presents constitute and appoint you, the said Sir George Ferguson Bowen, to be, during our will and pleasure, our Captain-General and Governor-in-Chief in and over our said Colony of Queensland, and of all forts and garrisons erected and established, or which shall be erected and established within our said Colony, or in its members and appurtenances; And we do hereby authorise, empower, require, and command you, the said Sir George Ferguson Bowen, in due manner, to do and execute all things that shall belong to your said command and the trust We have reposed in you, according to the several powers, provisions, and directions granted or appointed you by virtue of our present Commission, and of the said recited Bill, as amended by the said recited Act; and according to our Order in our Privy Council, bearing even date herewith, and to such instructions as are herewith given to you, or which may from time to time hereafter be given to you, under our Sign Manual and Signet, or by our Order in our Privy Council, or by Us, through one of our Principal Secretaries of State; and according to such laws and ordinances as are now in force in our said Colony of New South Wales and its dependencies, and as shall hereafter be in force in our said Colony of Queensland.
2. And whereas it is ordered by our said Order, made by Us in our Privy Council, bearing even date herewith, that there shall be within our said Colony of Queensland a Legislative Council and a Legislative Assembly, to be severally constituted and composed in the manner in the said Order prescribed; and that We shall have power, by and with the advice and consent of the said Council and Assembly, to make laws for the peace, welfare, and good government of our said Colony in all cases whatever: And it is provided by the above recited Act, that the provisions of the Act of the fourteenth year of Her Majesty, chapter fifty-nine, and of the Act of the sixth year of Her Majesty, chapter seventy-six, intituled, "An Act for the Government of New South Wales and Van Diemen's Land," which relate to the giving and withholding of Her Majesty's assent to bills, and the reservation of bills for the signification of Her Majesty's pleasure thereon, and the instructions to be conveyed to Governors for their guidance in relation to the matters aforesaid and the disallowance of Bills by Her Majesty, shall apply to Bills to be passed by the Legislative Council and Assembly constituted under the said Reserved Bill and Act, and by any other Legislative body or bodies which may at any time hereafter be substituted for the present Council and Assembly: Now We do, by virtue of the powers in Us vested, hereby require and command, that you do take especial care that in making and passing such laws, with the advice and consent of the said Legislative Council, and Legislative Assembly, the provisions, regulations, restrictions, and directions contained in the said Acts of Parliament, and in Our said Order made in Our Privy Council, bearing even date herewith, and in Our instructions under Our Sign Manual, accompanying this Our Commission, or in such future Orders as may be made by Us in Our Privy Council, or in such further instructions under Our Sign Manual and Signet as shall at any time hereafter be issued to you in that behalf, be strictly complied with.
3. And whereas it is expedient that an Executive Council should be appointed to advise and assist you, the said Sir George Ferguson Bowen, in the administration of the Government of our said Colony: Now We do declare Our pleasure to be, that there shall be an Executive Council for Our said Colony, and that the said Council shall consist of such persons as you shall, by instruments to be passed under the Great Seal of our said Colony in Our name and on our behalf, from time to time, nominate and appoint, to be members of the said Executive Council, all which persons shall hold their places in the said Council during Our pleasure: But We do expressly enjoin and require that you do transmit to Us, through one of Our principal Secretaries of State, exemplifications of all such instruments as shall be by you so issued for appointing the members of the said Council.
4. And we do hereby authorise and empower you, the said Sir George Ferguson Bowen, to keep and use the Great Seal of our said colony for sealing all things whatsoever that shall pass the Great Seal of our said colony.
5. And we do hereby give and grant to you, the said Sir George Ferguson Bowen, full power and authority, by and with the advice of the said Executive Council, to grant in Our name and on Our behalf, any waste or unsettled lands in Us vested within Our said Colony, which said grants are to be passed and sealed with the Great Seal of Our said colony, and being entered upon record by such public officer or officers as shall be appointed thereunto, shall be effectual in law against Us, Our heirs or successors: provided nevertheless, that in granting and disposing of such lands you do conform to and observe the provisions in that behalf contained in any law which is or shall be in force within our said colony, or within any part of our said colony, for regulating the sale and disposal of such lands.
6. And we do hereby give and grant unto you, the said Sir George Ferguson Bowen, full power and authority, as you shall see occasion, in our name and on our behalf, to grant to any offender convicted of any crime in any court, or before any judge, justice, or magistrate within our said colony, a pardon, either free or subject to lawful conditions or any respite of the execution of the sentence of any such offender, for such period as to you may seem fit, and to remit any fines, penalties, or forfeitures which may become due and payable to us, but subject to the regulations and directions contained in the instructions under Our Royal Sign Manual and Signet accompanying this our Commission, or in any future instructions as aforesaid.
7. And We do hereby give and grant unto you, the said Sir George Ferguson Bowen, full power and authority, upon sufficient cause to you appearing, to suspend from the exercise of his office, within our said colony, any person exercising any office or place under, or by virtue of, any Commission or Warrant granted, or which may be granted by Us, or in Our name, or under Our authority, which suspension shall continue and have effect only until Our pleasure therein shall be made known and signified to you: And We do hereby strictly require and enjoin you in proceeding to any such suspension, to observe the directions in that behalf given to you by Our present or any future Instructions as aforesaid.
8. And in the event of the death or absence of you, the said Sir George Ferguson Bowen, out of Our said colony of Queensland and its dependencies, We do hereby provide and declare Our pleasure to be, that all and every the powers and authorities herein granted to you shall be, and the same are hereby vested in such person as may be appointed by Us, by Warrant under Our Sign Manuel and Signet, to be Our Lieutenant-Governor of our said colony, or in such person or persons as may be appointed by Us, in like manner, to administer the government in such contingency; or, in the event of there being no person or persons within our said colony so commissioned and appointed by Us as aforesaid, then Our pleasure is, and We do hereby provide and declare, that in any such contingency the powers and authorities herein granted to you shall be, and the same are hereby granted to the Colonial Secretary of our said colony for the time being, and such Lieutenant-Governor, or such person or persons as aforesaid, or such Colonial Secretary, as the case may be, shall exercise all and every the powers and authorities herein granted, until Our further pleasure shall be signified therein.
9. And We do hereby require and command all our officers and ministers, civil, and military, and all other the inhabitants of our said colony of Queensland, to be obedient, aiding and assisting unto you, the said Sir George Ferguson Bowen, or, in the event of your death or absence, to such person or persons, as may, under the provisions of this our Commission assume and exercise the functions of Captain-General and Governor-in-Chief of our said colony.
10. And We do declare that these presents shall take effect so soon as the same shall be received and published in the said colonies.
In Witness whereofwe have caused these our Letters to be made Patent. Witness Ourself at Westminster, the sixth day of June, in the twenty-second year of Our Reign. By warrant under the Queen's Sign Manual.C. Romilly.Given under my handand Seal at Government House, Brisbane, this tenth day of December, in the year of our Lord one thousand eight hundred and fifty-nine, in the twenty-third year of Her Majesty's Reign.(L.s.)G. F. BOWEN.By His Excellency's Command,R. G. W. HERBERT.GOD SAVE THE QUEEN!
In Witness whereofwe have caused these our Letters to be made Patent. Witness Ourself at Westminster, the sixth day of June, in the twenty-second year of Our Reign. By warrant under the Queen's Sign Manual.
C. Romilly.
Given under my handand Seal at Government House, Brisbane, this tenth day of December, in the year of our Lord one thousand eight hundred and fifty-nine, in the twenty-third year of Her Majesty's Reign.
(L.s.)
G. F. BOWEN.
By His Excellency's Command,
R. G. W. HERBERT.
By His ExcellencySir George Ferguson Bowen, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Captain-General and Governor-in-Chief of the Colony of Queensland and its Dependencies, and Vice-Admiral of the same, &c., &c., &c.
By His ExcellencySir George Ferguson Bowen, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Captain-General and Governor-in-Chief of the Colony of Queensland and its Dependencies, and Vice-Admiral of the same, &c., &c., &c.
WHEREASHer Majesty has been graciously pleased, by Letters Patent, under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date at Westminster, the sixth day of June, in the twenty-second year of Her Majesty's Reign, to separate from the Colony of New South Wales the territory described in the said Letters Patent, and to erect the same into a separate Colony, to be called the Colony of Queensland, and has further been pleased to constitute and appoint me,
WHEREASHer Majesty has been graciously pleased, by Letters Patent, under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date at Westminster, the sixth day of June, in the twenty-second year of Her Majesty's Reign, to separate from the Colony of New South Wales the territory described in the said Letters Patent, and to erect the same into a separate Colony, to be called the Colony of Queensland, and has further been pleased to constitute and appoint me,
Sir George Ferguson Bowen,Knight Commander of the Most Distinguished Order of St. Michael and St. George,to be Captain-General and Governor-in-Chief, in and over the said Colony of Queensland and in Dependencies: Now, therefore, I, the Captain-General and Governor-in-Chief, aforesaid, do hereby proclaim and declare that I have this day taken the prescribed oaths before His Honor, Alfred James Peter Lutwyche, Esquire, Judge of the Supreme Court, and that I have accordingly assumed the said office of Captain-General and Governor-in-Chief.
Sir George Ferguson Bowen,Knight Commander of the Most Distinguished Order of St. Michael and St. George,
to be Captain-General and Governor-in-Chief, in and over the said Colony of Queensland and in Dependencies: Now, therefore, I, the Captain-General and Governor-in-Chief, aforesaid, do hereby proclaim and declare that I have this day taken the prescribed oaths before His Honor, Alfred James Peter Lutwyche, Esquire, Judge of the Supreme Court, and that I have accordingly assumed the said office of Captain-General and Governor-in-Chief.
Given under my handand seal at the Government House, Brisbane, this 10th day of December, in the Year of Our Lord one thousand eight hundred and fifty-nine, and in the twenty-third year of Her Majesty's Reign.(L.s.)G. F. BOWEN.By His Excellency's Command,R. G. W. HERBERT.GOD SAVE THE QUEEN!
Given under my handand seal at the Government House, Brisbane, this 10th day of December, in the Year of Our Lord one thousand eight hundred and fifty-nine, and in the twenty-third year of Her Majesty's Reign.
(L.s.)
G. F. BOWEN.
By His Excellency's Command,
R. G. W. HERBERT.
Government House,Brisbane, 10th December, 1859.HISExcellency the Governorwill hold a Levee at Government House, on WEDNESDAY, December 14th, at 11 o'clock, a.m.By Command,C. E. HARCOURT VERNON,Commander, R.N., A.D.C.,REGULATIONS FOR THE LEVEE.All gentlemen attending the Levee, to be dressed in uniform or evening costume.Each gentleman to be provided with two cards with his name legibly written thereon; one card to be left in the Entrance Hall, and the other to be given to the Aide-de-Camp.Colonial Secretary's Office,Brisbane, 10th December, 1859.HISExcellency the Governorhas been pleased to appointRobert George Wyndham Herbert, Esq.,to be Colonial Secretary of Queensland.By His Excellency's Command,R. G. W. HERBERT.Colonial Secretary's Office,Brisbane, 10th December, 1859.HISExcellency the Governorhas been pleased to appointAbram Orpen Moriarty, Esquire,to be His Excellency's Acting Private Secretary.By His Excellency's Command,R. G. W. HERBERT.Colonial Secretary's Office,Brisbane, 10th December, 1859.HISExcellency the Governorhas been pleased to appointCommander Charles Egerton Harcourt Vernon, R. N.,to be His Excellency's Acting Aide-de-Camp.By His Excellency's Command,ROBERT G. W. HERBERT.Colonial Secretary's Office,Brisbane, December 10, 1859.HISExcellency the Governorhas been pleased to appointRatcliffe Pring, Esquire,of the Inner Temple, Barrister-at-Law, to be Attorney-General of Queensland.By His Excellency's Command,ROBERT G. W. HERBERT.Brisbane: By Command :T. P. Pugh, Printer,George Street.
Government House,
Brisbane, 10th December, 1859.
HISExcellency the Governorwill hold a Levee at Government House, on WEDNESDAY, December 14th, at 11 o'clock, a.m.
By Command,
C. E. HARCOURT VERNON,
Commander, R.N., A.D.C.,
REGULATIONS FOR THE LEVEE.
All gentlemen attending the Levee, to be dressed in uniform or evening costume.
Each gentleman to be provided with two cards with his name legibly written thereon; one card to be left in the Entrance Hall, and the other to be given to the Aide-de-Camp.
Colonial Secretary's Office,
Brisbane, 10th December, 1859.
HISExcellency the Governorhas been pleased to appoint
Robert George Wyndham Herbert, Esq.,
to be Colonial Secretary of Queensland.
By His Excellency's Command,
R. G. W. HERBERT.
Colonial Secretary's Office,
Brisbane, 10th December, 1859.
HISExcellency the Governorhas been pleased to appoint
Abram Orpen Moriarty, Esquire,
to be His Excellency's Acting Private Secretary.
By His Excellency's Command,
R. G. W. HERBERT.
Colonial Secretary's Office,
Brisbane, 10th December, 1859.
HISExcellency the Governorhas been pleased to appoint
Commander Charles Egerton Harcourt Vernon, R. N.,
to be His Excellency's Acting Aide-de-Camp.
By His Excellency's Command,
ROBERT G. W. HERBERT.
Colonial Secretary's Office,
Brisbane, December 10, 1859.
HISExcellency the Governorhas been pleased to appoint
Ratcliffe Pring, Esquire,
of the Inner Temple, Barrister-at-Law, to be Attorney-General of Queensland.
By His Excellency's Command,
ROBERT G. W. HERBERT.
Brisbane: By Command :T. P. Pugh, Printer,George Street.
Terra Australis: The Fifth Continent.—Dampier lands on North-west Coast.—Cook lands at Botany Bay.—Annexes entire Eastern Coast North of 38 deg. S.—Phillip annexes whole of Eastern Coast and part of Southern Coast, including Tasmania.—Fremantle annexes all the rest of the Continent.—Erroneous Impressions of Early Explorers regarding Australia.—Discovery of Bass Strait.—Completion of Coast Map of Australia.—Six Colonies constituted.—Queensland's Natal Day.—Proclamation of Commonwealth.—Inland Exploration.
Terra Australis: The Fifth Continent.—Dampier lands on North-west Coast.—Cook lands at Botany Bay.—Annexes entire Eastern Coast North of 38 deg. S.—Phillip annexes whole of Eastern Coast and part of Southern Coast, including Tasmania.—Fremantle annexes all the rest of the Continent.—Erroneous Impressions of Early Explorers regarding Australia.—Discovery of Bass Strait.—Completion of Coast Map of Australia.—Six Colonies constituted.—Queensland's Natal Day.—Proclamation of Commonwealth.—Inland Exploration.
Without disparagement to the adventurous foreign navigators who for centuries earlier than the British occupation had suspected the existence of "Terra Australis," the "fifth continent" of the globe, and had done their best to discover it, it may be safely contended that the honour of the delineation of the coast-line belongs to Englishmen, the chief of whom were William Dampier and James Cook. In 1688 Dampier, as super-cargo of the "Cygnet," a trading vessel whose crew had turned buccaneers, landed on the north-west coast of Australia in lat. 16 deg. 50 min. S. In the year 1699 he again visited the coast in charge of H.M.S. "Roebuck," landing at Shark Bay, and sailing thence northward to Roebuck Bay.aAfterwards Captain James Cook, in voyages which extended until 1777, delineated the eastern coast-line, and opened up the continent to European enterprise and settlement. On 29th April, 1770, Cook, in the little barque "Endeavour," 370 tons burthen, entered Sting-ray Harbour (Botany Bay), remaining there until 6th May, when he sailed northwards, and, not entering Port Jackson, named Port Stephens, "Morton Bay," Bustard Bay, and Keppel Islands, landing at several places for the purpose of obtaining fresh water and making observations. Thus, coasting along for nearly 1,300 miles, on 11th June he narrowly escaped the total loss of his vessel when north of Trinity Bay by striking a coral reef. After enduring great hardships, and jettisoning all surplus gear, the vessel was sailed into the mouth of the Endeavour River, and there careened. During the succeeding two months she was thoroughly repaired. In August the captain set his course again for the north; and on the23rd of that month, after navigating among the dangerous rocks of the Barrier Reef Passage, he safely reached open water and landed on Possession Island, near Cape York. There he took formal possession, "in right of His Majesty King George III.," of the land he had discovered from lat. 38 deg. S. to lat. 10 deg. 30 min. S. Sailing through Torres Strait, Cook reached the English Channel in the "Endeavour" on 18th June, 1771b. It was not until 7th February, 1788, however, that Captain Phillip, as Governor-General of the vast territory then called New South Wales, read to the people whom he had brought to Port Jackson in the first fleet his commission proclaiming British sovereignty over the whole of the eastern coast of Australia and Tasmania, and also over the then unknown southern coast as far west as the 135th degree of E. longitude.cOn 2nd May, 1829, Captain Fremantle, hoisting the British flag on the south head of the Swan River, took possession of all those parts of Australia not included in the territory of New South Wales.
Thus a new continent was added to the British Empire. It was occupied by only a few score thousand native blacks, and was believed to be uninhabitable by civilised people unless possibly along a strip of land south of the Tropic of Capricorn on the eastern, western, and southern shores of the continent. Of the north-west Dampier had written: "The land is of a dry, sandy soil, destitute of water, unless you make wells, yet producing divers sorts of trees." Cook occasionally found difficulty in getting water unless by sinking in the shore sand; he made no attempt to penetrate the fringe of coast or even to explore its inlets. It was not until 1798 that Flinders and Bass discovered the channel through Bass Strait, and the former's discoveries may be said to have completed the coast map of Australia.
By successive proclamations six colonies were subsequently constituted, the last being that of Queensland on 10th December, 1859. On 1st January, 1901, Queen Victoria's proclamation of the Commonwealth of Australia was formally made at Melbourne, the prescribed place for the sitting of the Parliament until the federal seat of government had been determined. This important step was taken 131 years after Captain Cook had annexed the eastern coast at Possession Island, and 72 years after Captain Fremantle made the possession of the continent as British territory complete by hoisting the flag at Swan River.
The story of Australian land exploration is a long one, and it would, if complete, reveal many a startling tale of privation and death. The earliest exploring expeditions were those of Governor Phillip, in 1789, when he set out from Sydney to discover Broken Bay first, and then explore the Hawkesbury River.dAt that time the undertaking no doubt seemed great, but to-day Broken Bay may almost be regarded as a suburb of Sydney. In the same year Captain Tench discovered the Nepean River. By the end of the eighteenth century, despite many expeditions, the total of the discoveries were the rivers Hawkesbury, Nepean, Grose, and Hunter, and the fertile Illawarra district to the south of Sydney. In 1813 Blaxland, Lawson, and Wentworth discovered a pass over the Blue Mountains, and opened the way to the interior. Later in the same year, following in their footsteps, George William Evans discovered a river flowing inland, which he named the Macquarie, and that led to the discovery of the Bathurst Plains, and other country beyond the Blue Mountains. John Oxley, who in 1817 penetrated the country until he struck rivers flowing to the south-west, found himself in shallow stagnant swamps, with no indication that the rivers reached the sea. Oxley and Evans made further discoveries to the north-west of Sydney during the next seven years, the principal result being the finding of Liverpool Plains. Cunningham, the botanist, also was in the field of exploration in 1823. In the year 1824 Hume, accompanied by W. H. Hovell, crossed the Murrumbidgee River, and some time afterwards saw the snow-capped mountains of the Australian Alps. In their progress to Port Phillip they discovered the Murray River, and ultimately reached their destination, which proved to be the seashore near the site of Geelong.
In 1828 Captain Charles Sturt discovered the Darling River. In the next year he reached the Murray near its confluence with the Darling; in 1830 he went down the stream by boat, and finally reached the sea at Encounter Bay, east of St. Vincent Gulf. In 1826 Major Lockyer founded King George Sound Settlement; in 1828 Captain Stirling examined the mouth of the Swan River, and was afterwards, in 1831, appointed Lieutenant-Governor at Perth, the settlement established in 1829 by Captain Fremantle. Other explorers traced the country for some distance to the northward, and a settlement, called Port Essington, which had anephemeral existence, was formed on the northern coast. In 1831 Major Mitchell explored the country north-west from Sydney, and in 1845-6 he traversed the Darling Downs, afterwards penetrating as far north as the Drummond Range. Allan Cunningham had previously, in 1827, discovered the Darling Downs, and in the next year, by locating Cunningham's Gap, he connected the Downs with the Moreton Bay Settlement. A year later he explored the source of the Brisbane River, that being his last expedition.
In 1831 Major Bannister crossed from Perth to King George Sound. In 1836 John Batman landed at Port Phillip, and permanently settled there. The same year Adelaide was founded by Captain Sir John Hindmarsh, the first Governor of South Australia. In 1838 E. J. Eyre discovered Lake Hindmarsh on his journey from Port Phillip to Adelaide. Next year George Hamilton travelled overland from Sydney to Melbourne, and Eyre penetrated from the head of Spencer's Gulf to Lake Torrens.
In 1840 Patrick Leslie settled on the Condamine; in the year following Stuart and Sydenham Russell formed Cecil Plains station. In 1842 Stuart Russell discovered the Boyne River, travelling from Moreton Bay to Wide Bay in a boat. In 1844-5 Captain Sturt conducted his Great Central Desert expedition. In the same year Dr. Ludwig Leichhardt started on his first expedition from Jimbour station to Port Essington; and in the next year Sir Thomas Mitchell went on his Barcoo expedition. In 1846 A. C. Gregory entered upon his first expedition in Western Australia. In 1848 Leichhardt set out upon his last journey, from which he never returned. In the same year Kennedy made his fatal venture up the Cape York Peninsula, and A. C. Gregory explored the Gascoigne. Next year J. S. Roe, Surveyor-General of Western Australia, travelled from York to Esperance Bay. In 1852 Hovenden Hely, in charge of a Leichhardt search party, started from Darling Downs. In 1855 Gregory and Baron von Mueller started on an expedition to North Australia in the same search, and discovered Sturt's Creek and the Elsey River.
In 1858 Frank Gregory reached the Gascoigne River, Western Australia, and discovered Mount Augustus and Mount Gould. A. C. Gregory in the same year, when searching for Leichhardt, confirmed the identity of the Barcoo River with Cooper's Creek. In 1858 also McDouall Stuart started on his first expedition across the continent; in the following year he started again, and one of his party, Hergott, discovered and namedHergott Springs. In 1859 G. E. Dalrymple discovered the main tributaries of the Lower Burdekin, also the Bowen and the Bogie Rivers, and in the year following Edward Cunningham and party explored the Upper Burdekin.
In 1860 the ill-fated Burke and Wills expedition left Melbourne, and reached the Gulf of Carpentaria, but their return journey resulted in the death of Burke, Wills, and Gray.
In 1861 McDouall Stuart crossed the continent; Frank Gregory discovered the Hammersley Range, and the Fortescue, Ashburton, de Grey, and Oakover Rivers in Western Australia. In the same year William Landsborough left the Gulf of Carpentaria in search of Burke and Wills; and Alfred Howitt started from Victoria on the same errand. Edwin J. Welch, Howitt's second in command, found King, the only survivor of the expedition; and McKinlay, with W. O. Hodgkinson as lieutenant, started from Adelaide in the search, and crossed the continent, reaching the coast at Townsville. In 1863 John Jardine formed a settlement at Somerset, Cape York; and in the next year his adventurous brothers, Alexander and Frank, travelled overland to Somerset along the Peninsula, which Kennedy had failed to do.
In 1864 Duncan McIntyre travelled from the Paroo to the Gulf of Carpentaria, and died there. Next year J. G. Macdonald visited the Plains of Promise, and Frederick Walker marked the telegraph line from Rockingham Bay to the Norman River. In 1869 Mr. (now Sir John) Forrest made his first expedition to Lake Barlee; in 1870 he travelled the Great Bight from Perth to Adelaide, and in 1871 took charge of a private expedition in search of pastoral country. In 1872 William Hann, a Northern squatter, led an expedition equipped by the Queensland Government, and discovered the Walsh, Palmer, and Upper Mitchell Rivers, and found prospects of gold which led to great mineral discoveries in North Queensland. Hann reached the coast at Princess Charlotte Bay. In the same year J. W. Lewis travelled round Lake Eyre to the Queensland border. Ernest Giles also made his first expedition in 1872, discovering Lake Amadeus, and on a second trip in 1873 discovered and named Gibson's Desert, after one of his party who died there. In 1873 Major Warburton crossed from Alice Springs, on the overland telegraph line, to the Oakover River, Western Australia. In 1875-6 Ernest Giles made a third and successful attempt from Adelaide to reach Western Australia.In the same year W. O. Hodgkinson started on a north-west expedition to the Diamantina and Mulligan Rivers, on which he officially reported.
In 1878 Prout brothers, looking for country across the Queensland border, never returned. In 1878 N. Buchanan, on an excursion to the overland telegraph line from the Queensland border, discovered Buchanan's Creek. In 1878-9 Ernest Favenc, starting from Blackall in charge of the "Queenslander" transcontinental expedition, reached Powell's Creek station, on the overland telegraph line; four years later he explored the rivers flowing into the Gulf, particularly the Macarthur, and then crossed to the overland telegraph line. In 1878 Winnecke and Barclay, surveyors, started to determine the border lines of Queensland and South Australia, returning in 1880 with their work done. In 1879 Alexander Forrest led an expedition from the de Grey River, Western Australia, to the overland telegraph line, discovering the Ord and Margaret Rivers.
By this time there was little left of the continent, save Western Australia, to explore, though men in search of pastoral country still found occupation in expeditions to discover the unknown in Queensland and the Northern Territory. In 1896 Frank Hann, younger brother of the explorer, who had left Queensland, traversed the country to the north of King Leopold Range, discovering a river which he named the Phillips, but which was afterwards renamed the Hann by the Surveyor-General of Western Australia. Afterwards Hann travelled from Laverton, Western Australia, to Oodnadatta, in South Australia. F. S. Brockman is another explorer who was leader of a Kimberley expedition a few years ago, and discovered in North-west Australia 6 million acres of basaltic country clad with blue grass, Mitchell and kangaroo grasses, and other fodder vegetation. The Elder expedition, projected on an ambitious scale in 1891 to complete the exploration of the continent, started under David Lindsay, but the results were less valuable than its generous and enterprising originator anticipated. From a second Elder expedition under L. A. Wells no great results were recorded. The same may be said of the Carnegie expedition in Western Australia. Yet the sum total of the information obtained was valuable. Australia owes much to her adventurous explorers, as well as to the men who, following up their tracks, placed stock on much of the country that produced great wealth to the people, though as a rule neither explorers nor pastoral pioneers personally benefited much by their labours and privations.
Footnote a:See Dampier's "Collection of Voyages, 1729."
Footnote b:See Cook's "Journal during his First Voyage Round the World, 1768-71." W. J. L. Wharton, 1893.
Footnote c:Historical Records of New South Wales, vol. i.
Footnote d:See "History of Australian Exploration," 1888; and "Explorers of Australia," 1908, both by Ernest Favenc.
Proclamation Letter
Victoriaby the Grace of Godof the United Kingdomof Great Britain and Ireland,Queen, Defender of the Faith, &c.—————————————–
Inpursuance of Our Order made by and with the advice of our Privy Council on the 6th day of June in the year of Our Lord 1859, We do by these presents summon and call together a Legislative Assembly in and for Our Colony of Queensland to advise and give consent to the making of Laws for the peace, welfare and good Government of our said Colony.———
And we do enjoin and require Our subjects, inhabitants of Our said Colony, and being duly qualified in that behalf, to proceed to the Election of Members to serve in the said Legislative Assembly in pursuance of Our Writs to be issued in Our name, in the first instance by Our Governor of Our Colony of New South Wales, and thereafter by Our Governor of Our said Colony of Queensland.——————————
——————And We do further enjoin and require the Members who shall be so elected, to assemble and meet together and to be and appear before Us for the purposes aforesaid at the Court House Buildings Brisbane on the 22nd day of May in the present year.
——————In testimony whereof we have caused the Great Seal of Our Colony of Queensland to be affixed to this Our Writ.——————
——————Witness our trusty and well-beloved Sir William Thomas Denison, Knight Commander of the Most Honorable Order of the Bath, Governor General in and over all Her Majesty's Colonies of New South Wales, Tasmania, Victoria, South Australia, Western Australia and Queensland, and Captain General and Governor-in-chief of the Territory of New South Wales and Vice Admiral of the same &c. &c. &c. at Government House Sydney, in New South Wales aforesaid this twentieth day of March in the Twenty third year of Our reign, and the year of our Lord one thousand eight hundred and sixty—
W. Denison
By His Excellency's Command
Robert G. W. Herbert
God save the Queen!
Since the issue of Captain Arthur Phillip's Commission as Governor in 1786 there have been no less than ten successive modifications in Australian boundaries, all internal save the first, which severed Van Diemen's Land from New South Wales. Map 1 represents Australia as depicted before the time of Captain Cook. Map 2 shows the territory as divided into two parts by Governor Phillip's Commission. The continent was severed by a north-and-south line along the 135th meridian of east longitude, and all the eastern part declared to be the territory of New South Wales.
Map 1 (1770).Map 1 (1770).
Map 1 (1770).
Map 2 (1786).Map 2 (1786).
Map 2 (1786).
Under an Imperial Act of 1823 a Royal Commission was issued to Governor Arthur on 14th June, 1825, erecting Van Diemen's Land into a separate colony, as shown in Map 3.
On 6th July, 1825, a Commission appointing Sir Ralph Darling Governor of New South Wales, after describing the boundary of the colony as then existing, declared that the western boundary should be extended 6 degrees further west to the 129th meridian of east longitude, including all the adjacent islands in the Pacific Ocean.
Map 3 (1825).Map 3 (1825).
Map 3 (1825).
Map 4 (1825).Map 4 (1825).
Map 4 (1825).
Although Western Australia had been occupied in 1826 by Major Lockyer, and a settlement had been established at Swan River in 1829, the boundaries of the colony were not definitely described until 1831, when Sir James Stirling's Commission of appointment as Governor gave him authority over all that part of the continent to the west of 129 degrees east longitude. A supplementary Commission issued in 1873 included all the adjacent islands in the Indian Ocean.
South Australia was proclaimed a British Province by Letters Patent on the 28th December, 1836; bounded on the north by the 26th parallel of south latitude; on the south by the Southern Ocean; on the west by the 132nd meridian of east longitude; on the east by the 141st meridian.
Map 5 (1831).Map 5 (1831).
Map 5 (1831).
Map 6 (1836).Map 6 (1836).
Map 6 (1836).
In 1851 the territory previously known as Port Phillip was separated from New South Wales. In July, 1851, the legal symbol of the fact was found in the issue of writs of election for members of the Legislative Council. This was done under an Act of the New South Wales Legislature, passed to give effect to the Act passed in 1850 "for the Better Government of Her Majesty's Australian Colonies." Boundaries: On the north and north-east by a straight line from Cape Howe to the nearest source of the River Murray; thence by the course of that river to the eastern boundary of South Australia; and on the south by the sea: the River Murray to remain within New South Wales.
By a later statute passed in 1855, the boundaries of New South Wales were defined as follows:—"All the territory lying between the 129th and 154th meridians of east longitude, and north of the 40th parallel of south latitude, including all islands and Lord Howe Island, except the territories comprised within the boundaries of the province of South Australia and the colony of Victoria as at present established."
Map 7 (1851).Map 7 (1851).
Map 7 (1851).
Map 8 (1855).Map 8 (1855).
Map 8 (1855).
In 1859 Queensland was severed from New South Wales by Letters Patent issued to Sir George Bowen, the boundaries being given as follows:—"So much of the said colony of New South Wales as lies northward of a line commencing on the sea coast at Point Danger, in latitude about 28 degrees 8 minutes south, and following the range thence which divides the waters of the Tweed, Richmond, and Clarence Rivers from those of the Logan and Brisbane Rivers, westerly, to the Great Dividing Range between the waters falling to the east coast and those of the River Murray; following the Great Dividing Range southerly to the range dividing the waters of Tenterfield Creek from those of the main head of the Dumaresq River; following that range westerly to the Dumaresq River; and following that river (which is locally known as the Severn) downward to its confluence with the Macintyre River; thence following the Macintyre River (which lower down becomes theBarwan) downward to the 29th parallel of south latitude; and following that parallel westerly to the 141st meridian of east longitude, which is the eastern boundary of South Australia; together with all and every the adjacent islands, their members and appurtenances, in the Pacific Ocean; and do by these presents separate from our said colony of New South Wales and erect the said territory so described into a separate colony to be called the 'Colony of Queensland.'"
On 12th April, 1862, the Duke of Newcastle advised Governor Bowen that Letters Patent, of which a copy was enclosed, had been issued annexing to Queensland the following territory—namely, "so much of our colony of New South Wales as lies to the northward of the 21st parallel of south latitude, and between the 141st and 138th meridians of east longitude, together with all and every the adjacent islands, their members and appurtenances in the Gulf of Carpentaria." The area thus annexed added to Queensland about 120,000 square miles of territory, which now comprises such centres as Birdsville, Boulia, Cloncurry, Camooweal, and Burketown.
Map 9 (1859).Map 9 (1859).
Map 9 (1859).
Map 10 (1862).Map 10 (1862).
Map 10 (1862).
An Imperial Act of 1861 enacted that "so much of the colony of New South Wales, being to the south of the 26th degree of south latitude, as lies between the western boundary of South Australia and 129 degrees east longitude, shall be and the same is hereby detached from the colony of New South Wales and annexed to the colony of South Australia, and shall for all purposes whatever be deemed to be part of the last-mentioned colony from the day in which the Act of Parliament is proclaimed."
There still remained, nominally belonging to New South Wales though detached from that colony, the country now known as the Northern Territory and forming part of South Australia, lying northward of the 26th parallel of south latitude, and between 129 degrees and 138 degrees east longitude. That area was by Letters Patent, dated 6th July, 1863, issued under the Imperial Act of 1861, annexed to South Australia until it was "the Royal pleasure to make other disposition thereof."
Map 11 (1861-3).Map 11 (1861-3).
Map 11 (1861-3).
Map 12 (1863).Map 12 (1863).
Map 12 (1863).